Can I Get A Tattoo?
Where tweens and teens stand when it comes
to different laws.
by Judge Tom Jacobs
TWEENS & TEENS News January 2007
Have your parents ragged on you about
your choice of hair color or clothing? How
about your plans to get a tattoo or piercing?
When it comes to permanently altering your
body, your parents have the right to lay down
the law and say, “No way!” In
most states, you must be 18 before you can
get a tattoo, and any adult who violates the
law and tattoos a minor could be fined or
jailed.
So what rights do you have as a teen under
the age of 18?
For many years, kids in the United States
were considered the property of their parents.
Those who got in trouble had no treatment
or services geared for teen problems. In fact,
if a judge found teens guilty of a crime,
minors ended up in a reform school or a mental
hospital.
Because state laws varied, the courts treated
kids differently depending on where they lived.
In some states, kids were punished for violating
curfew or truancy laws. In other states, such
laws either didn’t exist or were ignored.
Then in 1967 the United States Supreme Court
ruled that the Bill of Rights applied not
only to adults, but also to protected juveniles.
Ever since, the courts have expanded teen
rights to include freedom of expression, religion
and speech as well as protection against unreasonable
searches and seizures.
Did you know that students can now wear buttons
and T-shirts with messages to school, as long
as the messages do not disrupt the school
environment? Students can also start a Bible
or a gay-lesbian club at school if the school
allows other clubs. Depending on the circumstances,
the courts ruled that teens can have a reasonable
expectation that school officials won’t
search their pockets, backpacks or purses.
Following are some other questions and answers
regarding teen rights.
What Does Emancipation Mean?
At some point before your 18th birthday, you’ll
probably think about freedom— escaping
the wrath of your parents’ rules. This
is called emancipation. Does emancipation
mean you have the freedom to do as you please?
An emancipated child is legally free from
his or her parents or legal guardian. It means
that your parents are no longer responsible
for you and your actions. It also means that
your parents no longer have to take care of
you. You stand on your own two feet.
A teenager becomes emancipated in one of two
ways: either by a court order, if your state
has an emancipation law, or by other special
circumstances.
If your state has an emancipation law, you—
and the court— must follow the requirements.
You may have to show the court that you have
a job, live on your own, pay your bills and
have medical coverage. The court will either
deny or grant your request to be emancipated.
Once you are declared legally free, all responsibility
shifts from your parents to you. If you encounter
a situation as an emancipated teen that is
new or confusing, talk with someone you trust
and gather advice before you act or make a
decision.
Most states will acknowledge your independence
if you join the military or get married before
your 18th birthday.
What If I Use a Fake ID?
Using fake identification is against the law.
It doesn’t make any difference why you
are using the fake id. Maybe you are trying
to get into an age-restricted club, movie
or pool hall. Maybe you want to enlist in
the armed services.
If law enforcement officials catch you using
fake identification, and you lie about your
name or age, they can file additional charges
of false reporting (lying). Any attempt to
mislead a police officer to avoid getting
into trouble usually backfires. Law enforcement
and the courts usually consider your statements
when police first come into contact with you.
If you break the law, you are better off being
honest and straightforward.
Can I Be Tried as an Adult?
Drastic changes in the juvenile justice system
occurred in the past few years.
An epidemic of juvenile crime has resulted
in a get-tough attitude across the country.
Most states have changed their laws, putting
more teenagers into the adult criminal system.
For the most part, juveniles are receiving
fewer treatment services and longer sentences
than ever before.
All states have a procedure for juveniles
to be tried as adults. Some states have adopted
an automatic transfer rule, which means teens
go directly to adult court for certain crimes.
The court considers several factors including
your age and level of maturity, the seriousness
of the crime you committed, your criminal
history, family support and whether you’ve
been offered services in the past. Then the
court decides not only what to do for you,
but also how to protect the community from
any criminal acts you may decide to commit
in the future.
If you’re not sent to the adult system,
you could remain in the juvenile system until
your 18th or 21st birthday.
What Else About Those Tattoos?
It takes many laser treatments to remove the
ink from an unwanted or outdated tattoo, and
the skin is never 100 percent restored to
its original state. Branding can leave scar
tissue and is even more difficult, if not
impossible, to erase. Some employers won’t
hire people with visible markings. Think carefully
about your actions— regarding tattoos
and other things, lawful or otherwise, that
may leave a permanent stain on you.
Thomas A. Jacobs, J.D., has served as
Arizona Assistant Attorney General, a Superior
Court Juvenile Division judge and a Family
Court judge. He is the author of What Are
My Rights? (Free Spirit Publishing), which
answers 95 questions about common concerns
affecting teens at home, at school, on the
job or in the community. Coming soon: Askthejudge.info
for a live talk with Judge Jacobs on all issues
facing America’s teens and tweens.
