The Common Law

I'm 16. I want to get a tattoo when I turn 16 and I'm certain I can get it as long as one of my parents consents. Is that right? – E.T.

No. Texas has specific laws that address at what age someone can get a tattoo. Section 146.012 of the Texas Health and Safety Code starts by outlining the general rule – a tattooist may not tattoo "a person younger than 18 years of age."

The same code section then sets out one exception to this rule for kids under the age of 18. The tattoo artist may tattoo a person younger than 18 years of age if the tattoo is intended to cover an already existing offensive tattoo and the child's parent provides consent to cover the tattoo. Tattoos that Texas law specifically allows a minor to cover with another tattoo (with parental consent) include (1) a tattoo that contains obscene or offensive language or symbols; (2) gang-related names, symbols, or markings; (3) drug-related names, symbols, or pictures; or (4) or any word, symbol, or markings that the child's parent thinks would be in the best interest of the person to cover.

So, what does all that mean? Basically, if the child has no tattoos, then the child must wait until they turn 18 to get a tattoo, even if a parent gives consent to the tattoo before the child turns 18. However, let's say a 16-year old kid gets an unauthorized tattoo of his girlfriend's name (as just one of the many examples of a tattoo that reasonable minds likely think isn't a good idea for a 16-year old), the kid can likely get that tattoo covered over with parental consent. A person younger than 18 years of age commits an offense (Class B misdemeanor) if the person falsely states he or she is older than 18 in order to get a tattoo.