Legal Question in Family Law in Illinois

I have told my son that I would pay for a tattoo for him on his 16th birthday. He resides with me. My ex-husband does not agree. Can he legally do anything to me if I get it for my son anyway?


Asked on 3/18/14, 6:03 pm

2 Answers from Attorneys

Jonathan Shimberg Shimberg and Crohn, P.C.

Your son is an adult. He can do with his body what he wants.

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Answered on 3/18/14, 6:15 pm
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

I disagree with Mr. Shimberg. Your son is not an adult until he is 18. Furthermore, there is a law against tattooing of minors. Your son can wait a couple more years. Tattooing of a minor is a crime in Illinois and parental consent does not change that. In this case, Dad knows best. You should also know that some tattoos are indications of gang affiliation even if you do not believe that your son is a member of a gang. The wrong tattoo could also get him killed by a rival gang or one that thinks it is being disrespected.

Section 5. The Criminal Code of 1961 is amended by changing

Sections 12-10 and 12-10.1 as follows:

(720 ILCS 5/12-10) (from Ch. 38, par. 12-10)

Sec. 12-10. Tattooing Body of Minor.)

(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 is guilty of a Class A

misdemeanor.

(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

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.

(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.

(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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Answered on 3/19/14, 7:54 am


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