Unlawful tattooing of a minor.

(1) Terms defined in Sections 76-1-101.5 and 76-9-2001 apply to this section. (2) Except as provided in Subsection (5), an actor commits unlawful tattooing of a minor if the actor performs or offers to perform a tattooing: (a) upon a minor; (b) without receiving the consent of the minor's parent or legal guardian; and (c) for remuneration or in the course of a business or profession. (3) A violation of Subsection (2) is a class B misdemeanor. (4) The owner or operator of a business in which a violation of Subsection (2) occurs is subject to a civil penalty of $1,000 for each violation. (5) An actor is not guilty of violating Subsection (2) if the actor: (a) has no actual knowledge of the minor's age; and (b) reviews, photocopies, and retains the photocopy of an apparently valid driver license or other government-issued picture identification for the minor that expressly purports that the minor is 18 years old or older before the actor performs the tattooing.