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Tattooing Minor Prohibited

Potts Lawyers > Criminal Law  > Public Order Offences > Tattooing Minor Prohibited

What the law says

Sections 19 of the Summary Offences Act Queensland states:

A person must not perform a tattoo on a minor.

In this section

Tattooing means

  • (a) means the process of penetrating a person’s skin and inserting into it colour pigments to make a permanent mark. Pattern or design on the skin; and
  • (b) includes any process that penetrates the skin and inserts into it colour pigments to make a semipermanent mark, pattern or design on the skin including for example
    • (i) the process known as cosmetic tattooing; or

the process for applying semi[permanent makeup.

What the police must prove

In order for the Police to prove their case at Court, they must prove each of the following matters beyond a reasonable doubt.

  1. The accused tattooed performed a tattoo; and
  2. Knew the person was a minor.

It will be necessary for the Police in every offence to prove that the accused was the person who committed the offence. Click here to learn more about identification evidence.

Maximum penalty

The Maximum penalty for the offence of Tattooing Minor Prohibited is

  • (a) 40 penalty unit or 6 months imprisonment.

Which court will hear the matter

This matter is a simple offence which means it is dealt with in the Magistrates Court.

Possible defences

Possible defences to this offence include but are not limited to

  1. The accused had a reasonable and mistaken belief that the person on whom they were performing the tattoo was an adult.
  2. Identification-they did not perform the tattoo.

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