Delaware Tattoo Laws

Delaware Tattoo Laws

Definitions as used in this section :

  1. Body-piercing - It means the perforation of human tissue for a non-medical purpose other than the ear.

  2. Branding - It means a permanent mark made on human tissue with the help of hot iron or other instrument etc.

  3. Minor - It means an individual who is not emancipated and is under 18 years of age.

  4. Tattoo : Tattoo means one or more of the following:
    1. It is an indelible mark made on the body of a person by the insertion of a pigment under the skin.
    2. It is an indelible design made on the body of a person by production of scars other than by branding.

Section 1. Amend Chapter 5, Title 11, Delaware Code by adding a new section to read as follows:

Section 1113. Body-piercing, tattooing, or branding; consent for minors; civil and criminal penalties.

  1. Person shall not tattoo on a minor unless that minor obtains the prior written consent of his/her parent or legal guardian to the specific act of tattooing, branding or body piercing.

  2. Person shall not tattoo on other person, who is under the influence of alcoholic beverages, or a controlled substance.

  3. Consent forms shall be signed in the presence of two reputable witnesses and it shall be notarized.

  4. Person who violates this section shall be guilty of a Class A misdemeanor for the first offense or a Class F felony for a second or greater offense.

  5. Person who violates this section is liable in a civil action for actual damages or $1,000.00, whichever is greater and reasonable court costs and attorney fees additionally.

Synopsis

This Bill requires parental or guardian consent to tattooing, body-piercing, or branding of a minor person. A person who performs such acts and do not have appropriate consent shall be guilty of a crime and face civil action for liability.

Additional no tattooing, body-piercing, or branding shall be performed on a person if that person is under the influence of alcoholic beverages or a controlled substance. Ear piercing and acts for medical purposes are excluded.

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