Makes piercing the body of a child under the age of eighteen years an unlawful body marking

4 Co-sponsors

• John A. DeFrancisco
• William J. Larkin Jr.
• Thomas P. Morahan
• Dale M. Volker

Title of bill

An act to amend the penal law, in relation to the piercing and branding of the body of a child under the age of eighteen years and making unlawful body marking a class B misdemeanor

Purpose

Makes piercing or branding the body of a child under 18 years of age a Class B misdemeanor, except where there is parental consent, an emancipated minor or the piercing is done as part of a religious observance. Also makes the tattooing, piercing or branding of anyone under the influence of alcohol or drugs a crime.

Summary of provisions

Adds a new subdivision 4 to Section 260.21 of the Penal Law classifying body piercing and body branding on a child less than 18 years of age as unlawfully dealing with a child in the second degree, a Class B misdemeanor. Piercing of the ears is specifically excluded under this subdivision, and exceptions are allowed for emancipated minors, religious rituals, and minors with parental consent. Also adds a new Section 120.65 to the Penal Law creating the crime of unlawful body marking. Wherein an individual could be charged if they knowingly tattoo, brand or pierce the body of a person under the influence of alcohol or drugs.

Existing law

Currently, Section 260.21 of the Penal Law only classifies tattooing a child under 18 as unlawfully dealing with a child a Class B misdemeanor. There are no provisions on piercing or branding those under 18, or individuals who are intoxicated.

Justification

Increased popularity in body art (tattooing and body piercing) raises serious public health concerns. Both tattooing and piercing carry the risk of infection and disease transmission. Medical complications arising from body piercing appear to be greater than tattoos according to the Centers for Disease Control. Because many tattooists and body piercers are not trained health care practitioners the risk is also heightened. Therefore, this legislation restricts the practice to sober adults, who can more objectively assess the risk to their health. Further, several counties in New York State have enacted their own County laws regulating this practice. This legislation will provide at minimum a uniform state standard requiring parental consent for unemancipated minors.

Legislative history

S.2178/A.5622 of 2007-08 (Passed Senate 2007-08); S.855/A.4546 of 2005-06 (Passed Senate 2005-06); S.685/A.6840 of 2003-04 (Passed Senate '03 and'04, S.2574/A.5081 of 2001-02 (Passed Senate 2001 and 2002), S.1564-A of 1999-2000 (Passed Senate 1999, Third Reading 2000), S.6034/A.8937 of 1997-98.

Fiscal implications

None.

Effective date

First day of November next succeeding the date on which it shall have become a law.