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| Public Act 094-0684 |
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AN ACT in relation to criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Criminal Code of 1961 is amended by changing
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Sections 12-10 and 12-10.1 as follows:
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(720 ILCS 5/12-10) (from Ch. 38, par. 12-10)
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Sec. 12-10. Tattooing Body of Minor.)
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(a) Any person, other than a person
licensed
to practice | ||||
medicine in all its branches, who tattoos or offers to tattoo
a | ||||
person under the age of 18
21 is guilty of a Class A
C
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misdemeanor.
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(b) Any person who is an owner or employed by a business | ||||
that performs
tattooing, other than a
person licensed to | ||||
practice medicine in all
its branches,
may not permit a person | ||||
under 18 years of age to enter or remain on the
premises where
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tattooing
is being performed unless the person under 18 years | ||||
of age is accompanied by
his or her
parent or legal guardian. A | ||||
violation of this subsection (b) is a Class A misdemeanor.
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(c) As used in this Section, to "tattoo" means to insert | ||||
pigment under
the
surface of the skin of a human being, by | ||||
pricking with a needle or otherwise,
so as to produce an | ||||
indelible mark or figure visible through the skin.
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(d) Subsection (a) of this Section does not apply to a | ||||
person under 18 years of age who tattoos or offers to tattoo | ||||
another person under 18 years of age away from the premises of | ||||
any business at which tattooing is performed. | ||||
(Source: P.A. 77-2638.)
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(720 ILCS 5/12-10.1)
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Sec. 12-10.1. Piercing the body of a minor.
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(a)(1) Any person who pierces the body or oral cavity of a | ||||
person under 18
years of age without written consent of a | ||||
parent or legal guardian of that
person commits the offense | ||
of piercing the body of a minor. Before the oral
cavity of | ||
a person under 18 years of age may be pierced, the written | ||
consent
form signed by the parent or legal guardian must | ||
contain a provision in
substantially the following form:
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"I understand that the oral piercing of the tongue, | ||
lips, cheeks, or
any other area of the oral cavity carries | ||
serious risk of infection or damage
to the mouth and teeth, | ||
or both infection and damage to those areas,
that could | ||
result but is not limited to nerve damage, numbness, and | ||
life
threatening blood clots.".
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A person who pierces the oral cavity of a person under | ||
18 years of age
without obtaining a signed written consent | ||
form from a parent or legal guardian
of the person that | ||
includes the provision describing the health risks of body
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piercing, violates this Section.
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(1.5) Any person who is an owner or employed by a | ||
business that performs
body
piercing may not permit a | ||
person under 18 years of age to enter or remain on
the
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premises where body piercing is being performed unless the | ||
person under 18
years of age
is accompanied by his or her | ||
parent or legal guardian.
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(2) Sentence. A violation of clause (a)(1) or (a)(1.5) | ||
of this
Section
Piercing the body of a minor is a Class A
C
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misdemeanor.
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(b) Definition. As used in this Section, to "pierce" means | ||
to make a hole
in the body or oral cavity in order to insert or | ||
allow the insertion of any
ring, hoop, stud, or other object | ||
for the purpose of ornamentation of the
body. "Piercing" does | ||
not include tongue splitting as defined in Section
12-10.2.
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(c) Exceptions. This Section may not be construed in any | ||
way to prohibit
any injection, incision, acupuncture, or | ||
similar medical or dental procedure
performed by a licensed | ||
health care professional or other person authorized to
perform | ||
that procedure or the presence on the premises where that | ||
procedure is being performed by a
health care professional or | ||
other person authorized to perform that procedure
of
a person
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under 18 years of age who is not accompanied by a parent or | ||
legal guardian. This Section does not prohibit ear piercing. | ||
This
Section does not apply to a minor emancipated under the | ||
Juvenile Court Act of
1987 or the Emancipation of Mature Minors | ||
Act or by marriage. This Section does not apply to a person | ||
under 18 years of age who pierces the body or oral cavity of | ||
another person under 18 years of age away from the premises of | ||
any business at which body piercing or oral cavity piercing is | ||
performed.
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(Source: P.A. 92-692, eff. 1-1-03; 93-449, eff. 1-1-04; revised | ||
10-9-03.)
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