No person shall tattoo or perform body piercing for hire or consideration on a person less than eighteen years of age, knowing or having reason to believe such person is less than eighteen years of age except (i) in the presence of the person's parent or guardian, or (ii) when done by or under the supervision of a medical doctor, registered nurse or other medical services personnel licensed pursuant to Title 54.1 in the performance of their duties.
In addition, no person shall tattoo or perform body piercing on any client unless he complies with the Centers for Disease Control and Prevention's guidelines for "Universal Blood and Body Fluid Precautions" and provides the client with the following disclosure:
1. Tattooing and body piercing are invasive procedures in which the skin is penetrated by a foreign object.
2. If proper sterilization and antiseptic procedures are not followed by tattoo artists and body piercers, there is a risk of transmission of bloodborne pathogens and other infections, including, but not limited to, human immunodeficiency viruses and hepatitis B or C viruses.
3. Tattooing and body piercing may cause allergic reactions in persons sensitive to dyes or the metals used in ornamentation.
4. Tattooing and body piercing may involve discomfort or pain for which appropriate anesthesia cannot be legally made available by the person performing the tattoo or body piercing unless such person holds the appropriate license from a Virginia health regulatory board.
A person who violates this section is guilty of a Class 1 misdemeanor.
For the purposes of this section:
"Body-piercing" means the act of penetrating the skin to make a hole, mark, or scar, generally permanent in nature. "Body piercing" does not include the use of a mechanized, presterilized ear-piercing system that penetrates the outer perimeter or lobe of the ear or both.
"Tattoo" means to place any design, letter, scroll, figure, symbol or any other mark upon or under the skin of any person with ink or any other substance resulting in the permanent coloration of the skin, including permanent make-up or permanent jewelry, by the aid of needles or any other instrument designed to touch or puncture the skin.
1997, c. 586; 2000, c. 842; 2001, c. 270; 2006, c. 692.
Structure Code of Virginia
Title 18.2 - Crimes and Offenses Generally
Chapter 8 - Crimes Involving Morals and Decency
§ 18.2-326. Penalty for illegal gambling
§ 18.2-327. Winning by fraud; penalty
§ 18.2-328. Conducting illegal gambling operation; penalties
§ 18.2-329. Owners, etc., of gambling place permitting its continuance; penalty
§ 18.2-330. Accessories to gambling activity; penalty
§ 18.2-331. Illegal possession, etc., of gambling device; penalty
§ 18.2-331.1. Operation of gambling devices at unregulated locations; civil penalty
§ 18.2-332. Certain acts not deemed "consideration" in prosecution under this article
§ 18.2-333. Exceptions to article; certain sporting events
§ 18.2-334. Exception to article; private residences
§ 18.2-334.1. Defeated at referendum
§ 18.2-334.3. Exemptions to article; state lottery; sports betting
§ 18.2-334.4. Exemptions to article; pari-mutuel wagering
§ 18.2-334.5. Exemptions to article; certain gaming operations
§ 18.2-334.6. Exemptions to article; certain skill games offered at family entertainment centers
§ 18.2-337. Immunity of witnesses from prosecution
§ 18.2-338. Enforcement of § 18.2-331 by Governor and Attorney General
§ 18.2-339. Enjoining offenses relating to gambling
§ 18.2-340. County ordinances prohibiting illegal gambling
§ 18.2-340.15. State control of charitable gaming
§ 18.2-340.18. Powers and duties of the Department
§ 18.2-340.19. Regulations of the Department
§ 18.2-340.20. Denial, suspension, or revocation of permit; hearings and appeals
§ 18.2-340.22. Permitted forms of gaming; prizes not gaming contracts
§ 18.2-340.23. Organizations exempt from certain fees and reports
§ 18.2-340.24. Eligibility for permit; exceptions; where valid
§ 18.2-340.25. Permit required; application fee; form of application
§ 18.2-340.25:1. Authorization to conduct electronic gaming required; fee
§ 18.2-340.26. Sale of raffle tickets; drawings
§ 18.2-340.26:1. Sale of instant bingo, pull tabs, or seal cards
§ 18.2-340.26:2. Sale of instant bingo, pull tabs, or seal cards by certain booster clubs
§ 18.2-340.26:3. Electronic gaming; penalty
§ 18.2-340.27. Conduct of bingo games
§ 18.2-340.28. Conduct of instant bingo, network bingo, pull tabs, and seal cards
§ 18.2-340.28:1. Conduct of network bingo
§ 18.2-340.29. Joint operation of bingo games; written reports; joint permit required
§ 18.2-340.33. Prohibited practices
§ 18.2-340.35. Assistance from Department of State Police
§ 18.2-340.36. Suspension of permit
§ 18.2-340.36:1. Civil penalty
§ 18.2-340.37. Criminal penalties
§ 18.2-346. Prostitution; commercial sexual conduct; penalties
§ 18.2-346.01. Prostitution; solicitation; commercial exploitation of a minor; penalties
§ 18.2-347. Keeping, residing in, or frequenting a bawdy place; "bawdy place" defined; penalty
§ 18.2-348. Aiding prostitution or illicit sexual intercourse, etc.; penalty
§ 18.2-348.1. Promoting travel for prostitution; penalty
§ 18.2-349. Using vehicles to promote prostitution or unlawful sexual intercourse; penalty
§ 18.2-350. Confinement of convicted prostitutes and persons violating §§ 18.2-347 through 18.2-349
§ 18.2-356. Receiving money for procuring person; penalties
§ 18.2-357. Receiving money from earnings of male or female prostitute; penalties
§ 18.2-357.1. Commercial sex trafficking; penalties
§ 18.2-360. Competency of persons to testify in prosecutions under §§ 18.2-355 through 18.2-361
§ 18.2-361. Crimes against nature; penalty
§ 18.2-361.01. Sexual abuse of animals; penalties
§ 18.2-361.1. Victims of sex trafficking; affirmative defense
§ 18.2-362. Person marrying when spouse is living; penalty; venue
§ 18.2-363. Leaving Commonwealth to evade law against bigamy
§ 18.2-364. Exceptions to §§ 18.2-362 and 18.2-363
§ 18.2-365. Adultery defined; penalty
§ 18.2-366. Sexual intercourse by persons forbidden to marry; incest; penalties
§ 18.2-368. Placing or leaving spouse for prostitution; penalty
§ 18.2-369. Abuse and neglect of vulnerable adults; penalties
§ 18.2-370. Taking indecent liberties with children; penalties
§ 18.2-370.01. Indecent liberties by children; penalty
§ 18.2-370.2. Sex offenses prohibiting proximity to children; penalty
§ 18.2-370.3. Sex offenses prohibiting residing in proximity to children; penalty
§ 18.2-370.4. Sex offenses prohibiting working on school property; penalty
§ 18.2-370.5. Offenses prohibiting entry onto school or other property; penalty
§ 18.2-370.6. Penetration of mouth of child with lascivious intent; penalty
§ 18.2-371.1. Abuse and neglect of children; penalty; abandoned infant
§ 18.2-371.3. Tattooing or body piercing of minors
§ 18.2-371.4. Prohibiting the sale of novelty lighters to juveniles
§ 18.2-373. Obscene items enumerated
§ 18.2-374. Production, publication, sale, possession, etc., of obscene items
§ 18.2-374.3. Use of communications systems to facilitate certain offenses involving children
§ 18.2-375. Obscene exhibitions and performances
§ 18.2-376. Advertising, etc., obscene items, exhibitions or performances
§ 18.2-376.1. Enhanced penalties for using a computer in certain violations
§ 18.2-377. Placards, posters, bills, etc.
§ 18.2-378. Coercing acceptance of obscene articles or publications
§ 18.2-379. Employing or permitting minor to assist in offense under article
§ 18.2-380. Punishment for first offense
§ 18.2-381. Punishment for subsequent offenses; additional penalty for owner
§ 18.2-382. Photographs, slides and motion pictures
§ 18.2-383. Exceptions to application of article
§ 18.2-384. Proceeding against book alleged to be obscene
§ 18.2-385. Section 18.2-384 applicable to motion picture films
§ 18.2-386. Showing previews of certain motion pictures
§ 18.2-386.1. Unlawful creation of image of another; penalty
§ 18.2-386.2. Unlawful dissemination or sale of images of another; penalty
§ 18.2-387.1. Obscene sexual display; penalty
§ 18.2-391. Unlawful acts; penalties
§ 18.2-391.1. Exceptions to application of article
§ 18.2-403.1. Offenses involving animals - Class 1 misdemeanors
§ 18.2-403.2. Offenses involving animals - Class 3 misdemeanors
§ 18.2-403.3. Offenses involving animals - Class 4 misdemeanors