By Jezebel Voule
I live in a land with no legislation of the piercing field. A land where tattoo artists are regulated and need to be licensed, but piercers are free to do whatever they please. Like the Wild West at its peak, we run by our own rules and our own code of ethics (if any). And much like the West, we have our outlaws: people who are willing to do that which many refuse. These are people who believe that they are allowed to do whatever is asked of them to whoever desires it since there are no rules. (For example, there are piercers who will pierce private areas of minors.)
I have heard many tales of people under the age of 18 getting their nipples pierced throughout my state. It is because of this, and the knowledge that there are a number of states that lack age restrictions, that cause some piercers to believe it is permissible to pierce the erogenous zones of minors. Should you be in a state that has no restrictions on minimum ages for piercings, at least be sure to know the local laws.
In Iowa, doing a “private” piercing on a minor can lead to a charge of Indecent Contact with a Child, as an Iowa statute reads:
“A person eighteen years of age or older is upon conviction guilty of an aggravated misdemeanor if the person commits any of the following acts with a child, not the person’s spouse, with or without the child’s consent, for the purpose of arousing or satisfying the sexual desires of either of them: Fondle or touch the inner thigh, groin, buttock, anus, or breast of the child.”
Since piercing an erogenous zone can increase sensation in the area, this will often cause an arousing or sexually satisfying result, so the act of piercing can qualify as a crime.
And an aggravated misdemeanor is only the beginning; a lawyer could easily get a conviction for Lascivious Acts with a Child, which is a class “C” felony:
“It is unlawful for any person sixteen years of age or older to perform any of the following acts with a child with or without the child’s consent unless married to each other, for the purpose of arousing or satisfying the sexual desires of either of them: Fondle or touch the pubes or genitals of a child. [Or] inflict pain or discomfort upon a child.”
With a piercing there is no way to steer clear of discomfort. If no pain or discomfort is experienced during a piercing due to the application of some sort of anesthetic, it could be argued that the whole process of healing is a ramification of the piercing procedure.
It would not be impossible to obtain the conviction of Sexual Abuse in the Second Degree, a class “B” felony. For reasons already stated, the piercing of a minor in an erogenous zone could be classified as sexual abuse.
“A person commits sexual abuse in the second degree when the person commits sexual abuse under any of the following circumstances: During the commission of sexual abuse the person displays in a threatening manner a dangerous weapon, or uses or threatens to use force creating a substantial risk of death or serious injury to any person.”
A piercing needle is a dangerous weapon because it is designed to puncture skin, and doing a piercing can be perceived as a threatening manner because it does break the skin.
Only 34 states have age restrictions pertaining to piercings, leaving 16 states without any sort of regulation on the piercing of minors. The laws quoted in this article are specific to my state and serve as an example of possible crimes that any piercer could be charged with who performs an adult piercing (nipples or genitals) on a minor.
I urge people to look up their state’s laws to learn what they could be up against before performing nipple piercings on a 15-year-old boy or a hood piercing on a 17-year-old girl. Just because there may not be a law specifically restricting a piercing does not mean that it is appropriate to perform such a task–or that there are no potential legal ramifications. Think smart before a minor’s piercing starts.
(Editor’s note: Regardless of any local legislation being more lenient, the following is the APP’s suggested minimum standards policy on piercing minors:
“For any piercing of a minor, a parent or legal guardian must be present to sign a consent form. Proof positive, state issued photo identification is required from the legal guardian, and a bona fide form of identification from the minor. In the event the parent has a different last name and/or address from the child, court documentation is needed to prove the relationship, i.e., divorce papers, or a remarriage certificate.
Under no circumstances is it acceptable or appropriate for a piercer to perform piercing on the nipples or genitals of an individual under 18 years of age.”)
