How Old Do You Have to Be to Get a Tattoo in Oklahoma?
Learn how Oklahoma regulates tattoo age limits, including consent rules, ID requirements, and how laws are applied in real-world situations.
Getting a tattoo in Oklahoma involves legal considerations, particularly concerning age. State laws regulate who can receive a tattoo and under what circumstances, making it essential for potential clients and parents to understand these requirements.
The Legal Minimum Age
Oklahoma law establishes a clear minimum age for receiving a tattoo. Under state statute Title 21, Section 842.1, an individual must be at least eighteen years old to be legally tattooed.1Justia Law. Oklahoma Statutes §21-842.1 – Tattooing Minors Prohibited
This age requirement applies universally across the state, regardless of the tattoo’s size or design. The law defines tattooing broadly as producing a permanent mark by inserting pigment under the skin with needles. This firm age limit restricts the procedure to adults.
Parent or Guardian Consent
Unlike some other states, Oklahoma law does not permit minors to receive tattoos, even with the consent of a parent or legal guardian. The governing statute, Title 21, Section 842.1, strictly prohibits tattooing anyone under eighteen, offering no exception for parental approval.2Oklahoma State Department of Health. Oklahoma Statutes Title 21, Sections 842.1-842.3 – Body Piercing and Tattooing
Therefore, it is illegal for any tattoo artist in Oklahoma to tattoo a minor, regardless of whether a parent provides permission or is present. The individual’s age is the sole factor determining eligibility. This differs from the state’s rules for body piercing (excluding ears), where minors can undergo procedures with written parental consent and presence, as outlined in the same statute.
Proof of Age Requirements
To comply with state law, tattoo artists and establishments in Oklahoma must verify the age of every client before beginning a procedure. This verification is a mandatory step.
Guidance from the Oklahoma State Department of Health, detailed in Oklahoma Administrative Code 310:233-3-5.1, specifies acceptable forms of identification.3Oklahoma State Department of Health. Oklahoma Administrative Code Title 310, Chapter 233 – Body Piercing and Tattooing Clients must present a valid, government-issued photo ID, such as a driver’s license, state identification card, military ID, or passport. The ID must confirm the client’s identity and show they are at least eighteen.
State administrative rules also require licensed tattoo establishments to maintain records documenting this age verification. According to OAC 310:233-5-2, these records must include a photocopy of the client’s identification, along with their name, date of birth, address, and details about the tattoo. This record-keeping reinforces compliance with the age requirement.
Enforcement and Penalties
Adherence to Oklahoma’s tattoo age laws is overseen by the Oklahoma State Department of Health (OSDH), which licenses artists and establishments and ensures they follow state regulations (OAC Title 310, Chapter 233).
Violating the age restriction by tattooing someone under eighteen carries significant consequences. Oklahoma Statute Title 21, Section 842.2 defines this act as a misdemeanor. Conviction can result in up to 90 days in county jail, a fine of up to $5,000, or both. This penalty applies to the person who performed the tattoo.
The OSDH can also impose administrative sanctions on the artist and the establishment. Under Title 21, Section 842.3 and related administrative codes, the Department may levy fines (up to $5,000 per violation per day, capped at $10,000 per investigation) and suspend, revoke, or deny the licenses of those involved.4Justia Law. Oklahoma Statutes §21-842.3 – OSDH Rules, Licensing, and Fines In cases posing a risk to public health, the OSDH can order an immediate license suspension.5Legal Information Institute (Cornell Law School). Oklahoma Administrative Code § 310:233-11-3.1 – Investigation and Enforcement These measures highlight the state’s commitment to enforcing the minimum age for tattoos.
