Tattooing Laws in Georgia
There are a number of laws related to tattooing in Georgia. If you own a tattoo studio or are a tattoo artist, it is critical that you are aware of the laws so you can stay out of trouble with the law. However, we at Lawson and Berry understand that things happen and you may have been unaware what was legal. That is why our Georgia Tattooing Attorneys are here to help. If you have been charged with a crime related to tattooing, contact us today and speak with a premier Georgia Criminal Defense Lawyer.
Georgia Law on Tattooing of a Minor
Under O.C.G.A. §16-5-71, it is illegal to tattoo anyone under 18 years old unless you are a licensed osteopath or technician acting under the direct supervision of a licensed physician or osteopath.
Georgia Law on Tattooing Near the Eye
It is illegal to tattoo within an inch of the eye socket in Georgia. O.C.G.A. §16-12-5.
Penalty for Tattoo Crimes in Georgia
A person convicted of tattooing within an inch of the eye socket or tattooing a minor will be guilty of a misdemeanor. In Georgia, misdemeanor convictions come with a penalty of up to one year in jail, up to $1,000 fine, or both.
Defenses in Georgia
The alleged victim was over 19 years of age: Evidence that the victim was over 18 years of age would negate an essential element of tattooing a minor. In this situation, a tattooing lawyer in Georgia would likely seek a dismissal of the case.
It was not within an eye of the eye socket: Proof that the tattoo if further than one inch from the eye socket would negate an essential element. Therefore, you could not be guilty of this offense. Even though this seems relatively simply, you still need the expertise of a Georgia Tattooing Lawyer to help you navigate the criminal process. Call us now if this argument applies to your case.
I was under the supervision of a licensed physician: If you are a licensed osteopath that was acting under the authority of a licensed osteopath, then you cannot be convicted of this crime.
What are Not Defenses
I am a licensed osteopath: Even if you are a licensed osteopath, you must be under the supervision of a licensed physician or a licensed osteopath.
While tattooing offenses may seem minor and the consequences of a misdemeanor not that severe, they will still have an impact on your future! Do not assume that since you have been charged that there is enough evidence for you to be convicted. There are always arguments a Georgia Tattooing Attorney can present in your case.