When you’re suddenly facing charges related to tattooing, branding, subdermal implants, scarifying, or piercing minors in Fargo, the world can feel like it’s crashing down around you. The life you’ve built, your reputation, and your future are suddenly on the line, threatened by the severe legal consequences North Dakota law imposes. The fear and uncertainty that come with such an accusation can be overwhelming, leaving you feeling isolated and unsure of where to turn. This isn’t just a legal battle; it’s a fight for your livelihood and your peace of mind, and you need a dedicated advocate by your side who understands the immense pressure you’re under.
In this moment of crisis, understand that you are not alone. When you choose to work with me, we become a formidable team, ready to confront the prosecution head-on. While they represent the state and its vast resources, I stand with you as your unwavering protector and relentless fighter. My commitment is to meticulously examine every detail of your case, challenge every accusation, and tirelessly defend your rights. We will navigate this complex legal landscape together, ensuring your voice is heard and your interests are fiercely protected every step of the way.
The Stakes Are High: Understanding North Dakota’s Tattooing, Branding, Subdermal Implants, Scarifying, and Piercing Minors Laws & Penalties
North Dakota law strictly regulates body modification procedures performed on minors, encompassing tattooing, branding, subdermal implants, scarifying, and piercing. A charge under these statutes is not to be taken lightly, as the consequences can be severe, impacting your freedom, your finances, and your future. Understanding the specific legal definitions and the potential penalties is crucial to recognizing the urgency of your situation and mounting a robust defense.
What the Statute Says
The offense of tattooing, branding, subdermal implants, scarifying, and piercing minors is governed by North Dakota Century Code statute § 12.1-31-13. The full text of the law is as follows:
12.1-31-13. Tattooing, branding, subdermal implants, scarifying, and piercing – Minors.
- As used in this section:a. “Brand” means the use of heat, cold, or any chemical compound to imprint permanent markings on an individual’s skin.b. “Pierce” means the puncture of any part of an individual’s body to insert studs, pins, rings, chains, or other jewelry or adornment.1c. “Scarify” means to cut, tear, or abrade an individual’s skin for the purpose of creating a permanent mark or design on the skin.d. “Subdermal implant” means to insert a foreign object beneath the skin to decorate an individual’s body.2e. “Tattoo” means to mark the skin of an individual by insertion of permanent colors through puncture of the skin.
- It is a class B misdemeanor for a person, other than a licensed health care professional acting within that professional’s scope of practice, to tattoo, brand, subdermal implant, scarify, or pierce an individual who is under eighteen years of age unless the tattooing, branding, subdermal implanting, scarifying, or piercing takes place in the presence of and with the written consent of the individual’s parent or legal guardian.
- It is a class B misdemeanor for a person to sell, trade, or otherwise provide materials or kits for tattooing, self-tattooing, branding, self-branding, scarifying, self-scarifying, subdermal implanting, self-subdermal implanting, body piercing, or self-body piercing to an individual who is under eighteen years of age.
- A political subdivision may enact and enforce an ordinance restricting tattooing, branding, subdermal implanting, scarifying, and piercing or restricting the sale of tattooing, branding, subdermal implanting, scarifying, and piercing materials and kits if the ordinance is equal to or more stringent than this section.
As a Class B Misdemeanor
Under North Dakota law, a violation of § 12.1-31-13 is classified as a Class B Misdemeanor. This severity level carries significant potential penalties that can drastically alter your life. If convicted, you could be facing up to 30 days in jail, even for a first offense. In addition to potential incarceration, the court can impose a fine of up to $1,500. Beyond these direct legal repercussions, a misdemeanor conviction can have lasting negative impacts on your record, affecting future employment opportunities, housing applications, and even professional licenses.3
What Does a Tattooing, Branding, Subdermal Implants, Scarifying, or Piercing Minors Charge Look Like in Fargo?
Charges related to body modification procedures on minors in Fargo can arise in various, often unexpected, circumstances. It’s not always about a professional tattoo parlor intentionally flouting the law; sometimes, these situations can involve misunderstandings, casual favors, or even accusations from disgruntled individuals. These charges can happen to anyone in our community, highlighting the importance of understanding how seemingly innocuous actions can fall under the scope of this strict statute.
From a friend offering a simple ear piercing for a younger sibling without parental consent, to a small-time artist unknowingly working with an underage client who misrepresented their age, the real-world scenarios are diverse. The law broadly covers any person who performs these procedures or sells related materials to a minor, meaning even a well-intentioned act can lead to serious legal trouble if the proper consent or age verification isn’t meticulously handled. The examples below illustrate how easily these charges can arise in everyday situations.
The Unverified Age Tattoo Artist
A professional tattoo artist in Fargo takes on a new client who appears to be an adult. The client presents an ID, which the artist glances at quickly, believing it confirms the client is over eighteen. Without a more thorough verification, or perhaps if the ID was a fake, the artist proceeds with the tattoo. Later, it’s discovered that the client was, in fact, seventeen years old. Even though the artist believed the client was of age, and perhaps even had a policy of checking IDs, the failure to obtain written parental consent for a minor or to sufficiently verify the age beyond a quick glance puts them in violation of North Dakota Century Code § 12.1-31-13(2). This scenario demonstrates how even a reputable business, if not absolutely stringent with age verification and consent protocols, can face a Class B misdemeanor charge.
The Friend’s Home Piercing
A high school student in Fargo wants a nose piercing but knows their parents won’t approve. They ask an older friend, who has some experience with home piercings and possesses a piercing kit, to do it for them. The friend agrees, thinking it’s a simple favor and not realizing the legal implications. They perform the piercing in their garage. Weeks later, the minor’s parent discovers the piercing and, upon learning it was done by the friend, reports the incident to the authorities. Under North Dakota Century Code § 12.1-31-13(2), the friend, not being a licensed health care professional and performing the piercing without parental consent, would be subject to a Class B misdemeanor charge. This illustrates how informal, seemingly innocent acts can become criminal offenses.
Selling Body Piercing Kits to Teens
An online retailer, based out of Fargo, sells a variety of body piercing kits through their website. While they have a disclaimer stating that buyers must be 18 years or older, they do not have robust age verification systems in place beyond a simple checkbox. A sixteen-year-old in North Dakota orders a kit, easily bypasses the age verification, and receives the materials. If law enforcement becomes aware of this transaction, perhaps through a parent discovering the kit or a tip, the retailer could be charged under North Dakota Century Code § 12.1-31-13(3) for providing materials for body piercing to an individual under eighteen years of age. This highlights the responsibility of sellers to ensure minors cannot acquire regulated items.
The Backyard Brand Artist
A young adult in Fargo, who has been experimenting with branding as a form of body art on themselves and their friends, agrees to brand a design onto the arm of a sixteen-year-old acquaintance. The minor is enthusiastic and promises their parents are “cool with it,” but no actual written parental consent is obtained. The branding procedure takes place at a private residence. If this activity comes to the attention of the authorities, perhaps through the minor seeking medical attention for the brand or through a concerned community member, the individual who performed the branding could face charges under North Dakota Century Code § 12.1-31-13(2). This scenario demonstrates the broad reach of the statute, covering various forms of body modification.
Building Your Defense: How I Fight Tattooing, Branding, Subdermal Implants, Scarifying, and Piercing Minors Charges in Fargo
When you are accused of tattooing, branding, subdermal implanting, scarifying, or piercing minors in Fargo, the importance of a robust and aggressive defense cannot be overstated. The prosecution will work tirelessly to build a case against you, gathering evidence and testimony to secure a conviction. Without a proactive and strategic defense, you risk facing the full brunt of North Dakota’s legal penalties, which can have devastating and long-lasting consequences on your life, your family, and your future opportunities. It is not enough to simply hope for the best; you must actively fight for your rights and challenge every aspect of the prosecution’s narrative.
My defense philosophy is rooted in the belief that the prosecution’s story is just that—a story. It is not an irrefutable truth. Therefore, every piece of evidence, every witness statement, and every procedural step taken by law enforcement and the prosecution must be scrutinized, challenged, and, if necessary, dismantled. We will leave no stone unturned in our investigation, seeking out inconsistencies, legal loopholes, and any advantage that can be leveraged in your favor. Your defense will be tailored to the unique circumstances of your case, but it will always be aggressive, proactive, and aimed at achieving the best possible outcome for you, whether that’s a dismissal, an acquittal, or a favorable plea agreement.
Challenging the Prosecution’s Evidence
The prosecution’s case relies heavily on the evidence they present. A cornerstone of any strong defense involves thoroughly examining and challenging the validity and admissibility of this evidence.
- Scrutinizing Documentation of Consent: A key element of the defense against these charges often revolves around the presence or absence of proper written consent from a parent or legal guardian. We will meticulously review any purported consent forms, checking for authenticity, completeness, and adherence to legal requirements. If the prosecution’s claim of lacking consent is based on insufficient or improperly obtained documentation, we can argue that the element of the crime has not been adequately proven. This includes verifying signatures, dates, and whether the individual providing consent was indeed the legal parent or guardian.
- Contesting Age Verification Protocols: Many cases involve disputes over whether the accused person reasonably believed the individual was over 18. We will investigate the procedures used to verify age, such as checking identification, and whether these procedures were diligently followed. If there were attempts to verify age, or if the minor presented false identification that would reasonably deceive someone, this can form a significant part of the defense, arguing a lack of intent or knowledge on the part of the accused. We can present evidence of the steps taken to confirm age and demonstrate that any misidentification was not due to negligence.
Scrutinizing the Actions of Law Enforcement
The way law enforcement gathers evidence and conducts their investigation can often present opportunities for a robust defense. Violations of your rights or procedural errors can lead to the suppression of critical evidence.
- Analyzing Search and Seizure Procedures: Any evidence obtained by law enforcement must be done so legally, often requiring a warrant or probable cause. We will meticulously review how evidence, such as equipment, records, or materials, was seized from your property or person. If there were any Fourth Amendment violations, such as an illegal search or seizure, we can file motions to suppress that evidence, potentially weakening the prosecution’s case significantly. This ensures that any evidence used against you was collected through lawful means and respects your constitutional protections.
- Reviewing Interrogation Tactics and Miranda Rights: If you were questioned by law enforcement, we will carefully examine the circumstances of that interrogation. We will determine if your Miranda rights were properly read to you, if you understood them, and if your statements were made voluntarily. If law enforcement failed to inform you of your right to remain silent or right to an attorney, or if they used coercive tactics, any statements you made could be deemed inadmissible in court, severely hampering the prosecution’s ability to use your own words against you.
Establishing Lack of Knowledge or Intent
One of the fundamental principles of criminal law is that for many offenses, the prosecution must prove not only that an action occurred but also that the defendant had the necessary mental state or intent. In cases involving minors, this often means proving knowledge of the minor’s age.
- Demonstrating Due Diligence in Age Verification: If you performed a procedure or sold materials to a minor, a strong defense can be built around demonstrating that you exercised reasonable due diligence in attempting to verify their age. This could involve showing that you asked for identification, checked a birthdate, or relied on representations made by the minor or an accompanying adult that appeared credible. Even if it turns out the minor was underage, if you can prove that you took reasonable steps to ascertain their age and were misled, it could negate the element of “knowing” the individual was under eighteen, which is often crucial for conviction.
- Arguing Mistake of Fact: A mistake of fact defense contends that you genuinely and reasonably believed a crucial fact that, if true, would have made your actions lawful. In the context of this statute, if you can show that you had a reasonable, good-faith belief that the individual was 18 years of age or older, based on their appearance, verbal assertions, or fraudulent identification, this can be a powerful defense. This defense focuses on your state of mind at the time of the alleged offense, aiming to show that you lacked the criminal intent required for a conviction.
Challenging the Definition of “Minor”
The law explicitly defines “minor” as an individual under eighteen years of age. In some unique circumstances, or with certain interpretations, this aspect of the charge could be challenged.
- Disputing Age Documentation: In rare instances, there might be disputes about the minor’s actual age, particularly if there are inconsistencies in documentation or if the individual’s birthdate is close to the age of majority. We would investigate all available records, including birth certificates, school records, and other official documents, to confirm the precise age of the individual at the time of the alleged offense. If there is any ambiguity or conflicting information regarding their age, it could create reasonable doubt.
- Lack of Proof of Identity: The prosecution must definitively prove the identity of the alleged minor. If the identity of the individual is in question, or if there is insufficient evidence to conclusively link the individual to the alleged offense, the prosecution’s case could be weakened. This involves scrutinizing witness identification, reviewing surveillance footage, and ensuring that the person identified as the minor is indeed the person involved in the alleged incident.
Your Questions About North Dakota Tattooing, Branding, Subdermal Implants, Scarifying, and Piercing Minors Charges Answered
What constitutes a “tattoo” under North Dakota law?
Under North Dakota Century Code § 12.1-31-13(1)(e), a “tattoo” is defined as marking the skin of an individual by insertion of permanent colors through puncture of the skin. This definition is broad and covers any process that permanently alters skin coloration using needles and pigments, regardless of the artistic intent or the size of the mark. It includes traditional tattoos, cosmetic tattoos like permanent makeup, and any other similar procedure.
What does “branding” mean in the context of this statute?
“Brand” as defined in North Dakota Century Code § 12.1-31-13(1)(a), refers to the use of heat, cold, or any chemical compound to imprint permanent markings on an individual’s skin.4 This encompasses various methods of creating intentional scars or marks through controlled burns, cryo-branding, or chemical applications. The key is the creation of a permanent mark using these specific methods.
Is “piercing” limited to ear piercings under this law?
No, the definition of “pierce” in North Dakota Century Code § 12.1-31-13(1)(b) is broad. It means the puncture of any part of an individual’s body to insert studs, pins, rings, chains, or other jewelry or adornment. This includes not only ear piercings but also nose piercings, naval piercings, eyebrow piercings, and any other form of body piercing, regardless of the location on the body.
What is “scarifying” as defined by North Dakota law?
“Scarify,” as per North Dakota Century Code § 12.1-31-13(1)(c), means to cut, tear, or abrade an individual’s skin for the purpose of creating a permanent mark or design on the skin. This procedure intentionally creates scar tissue in a decorative pattern, often using blades or other sharp tools. It is distinct from tattooing or branding, focusing specifically on the creation of permanent raised or textured scars.
What are “subdermal implants” in this context?
North Dakota Century Code § 12.1-31-13(1)(d) defines “subdermal implant” as the insertion of a foreign object beneath the skin to decorate an individual’s body. This refers to procedures where objects, often made of silicone or other biocompatible materials, are placed under the skin to create raised designs or textures, altering the body’s surface. These procedures are more invasive than typical piercings.
Does the law apply if the minor gave consent?
No, a minor’s consent is not sufficient under this law. North Dakota Century Code § 12.1-31-13(2) explicitly states that the procedure must take place “in the presence of and with the written consent of the individual’s parent or legal guardian.” Even if a minor expresses a strong desire or verbally consents, it does not absolve the person performing the procedure from liability if parental consent is absent.
What if the minor lied about their age?
While a minor lying about their age can be a significant factor in a defense, it does not automatically exempt you from liability. The law typically requires the person performing the procedure or selling materials to exercise reasonable diligence in verifying age. If you can demonstrate that you took reasonable steps to verify age and were genuinely misled, it can be a strong defense, but it’s not a guaranteed immunity.
Are licensed health care professionals exempt from this law?
Yes, North Dakota Century Code § 12.1-31-13(2) specifically states an exception for “a licensed health care professional acting within that professional’s scope of practice.” This means that medical professionals performing these procedures for medical reasons, or within the bounds of their professional license and established medical guidelines, would typically not be subject to this law. This exception is narrow and does not apply to non-medical practitioners.
What are the maximum penalties for a Class B Misdemeanor conviction?
A conviction for a Class B Misdemeanor in North Dakota, as outlined in other parts of the North Dakota Century Code, carries a potential penalty of up to 30 days in jail and/or a fine of up to $1,500. 5While these are the maximums, actual sentences can vary based on the specific circumstances of the case, the defendant’s criminal history, and the judge’s discretion.
Can I be charged if I only sold the materials, not performed the procedure?
Yes, absolutely. North Dakota Century Code § 12.1-31-13(3) makes it a Class B misdemeanor for a person to “sell, trade, or otherwise provide materials or kits for tattooing, self-tattooing, branding, self-branding, scarifying, self-scarifying, subdermal implanting, self-subdermal implanting, body piercing, or self-body piercing to an individual who is under eighteen years of age.”6 This means you can be charged even if you never physically touched the minor.
Do local ordinances affect these charges in Fargo?
Yes. North Dakota Century Code § 12.1-31-13(4) explicitly permits political subdivisions, like the city of Fargo, to “enact and enforce an ordinance restricting tattooing, branding, subdermal implanting, scarifying, and piercing or restricting the sale of tattooing, branding, subdermal implanting, scarifying, and piercing materials and kits if the ordinance is equal to or more stringent than this section.”7 This means Fargo could have its own stricter rules, and you could be subject to those as well.
Is there a difference between self-piercing kits and professional kits in the law?
No, the law makes no distinction regarding the type of kit. North Dakota Century Code § 12.1-31-13(3) broadly covers “materials or kits for tattooing, self-tattooing, branding, self-branding, scarifying, self-scarifying, subdermal implanting, self-subdermal implanting, body piercing, or self-body piercing.”8 If the materials or kits are provided to a minor, regardless of their intended use (self-application or by another person), the seller can be charged.
What if I was unaware of the specific North Dakota law?
Ignorance of the law is generally not a valid defense. While it might be a factor in sentencing, it will not typically lead to a dismissal of the charges. The prosecution is usually not required to prove that you knew the specific statute, only that you committed the act defined as illegal under the statute. This underscores the importance of understanding and adhering to all relevant laws.
How quickly should I contact an attorney if charged?
You should contact an attorney immediately if you are charged or even if you believe you are under investigation. Early intervention by an experienced defense attorney can be crucial. An attorney can advise you on your rights, help you avoid making statements that could harm your case, and begin building a defense strategy from the outset, potentially influencing the outcome significantly.
Can these charges be expunged from my record later?
Expungement (or sealing) of criminal records in North Dakota is possible for some offenses, but it depends on the specifics of the conviction and a waiting period. A Class B Misdemeanor conviction might be eligible for expungement after a certain period and if other conditions are met, such as completing your sentence and not committing new offenses. It’s a complex process that requires legal guidance.
Your Future Is Worth Fighting For
A charge involving tattooing, branding, subdermal implants, scarifying, or piercing minors in Fargo is far more than a temporary inconvenience; it carries profound long-term consequences that can ripple through every aspect of your life. Beyond the immediate legal penalties, a conviction can irrevocably damage your reputation, both personally and professionally. It can make it exceedingly difficult to secure future employment, especially in fields requiring trust or working with the public. Your ability to obtain professional licenses, secure housing, or even participate in certain community activities can be severely hampered, casting a long shadow over your future opportunities and aspirations.
Moreover, a criminal record, even for a misdemeanor, can impact your fundamental rights.9 While not directly leading to disenfranchisement in most cases, it can affect your eligibility for certain benefits, limit travel to some countries, and potentially lead to social stigmatization. The simple fact of having a criminal conviction can compromise your perceived trustworthiness and integrity, threatening your standing in the community and potentially straining personal relationships.10 Your constitutional rights, including the presumption of innocence and the right to a fair trial, must be aggressively defended to prevent these collateral consequences from becoming a permanent fixture in your life.
I Know the Fargo Courts and the Prosecution
Navigating the criminal justice system in Fargo requires an intimate understanding of its specific nuances, from the local court procedures to the tendencies of the prosecuting attorneys. I possess this critical local knowledge, having spent years developing a deep familiarity with the Fargo legal landscape. I know the unwritten rules, the preferred approaches, and the personalities involved, which allows me to craft defense strategies that are specifically tailored to the local environment. This insight is invaluable in predicting potential challenges, identifying opportunities for negotiation, and ultimately positioning your case for the most favorable outcome possible. My experience in these courts means I am not just fighting a legal battle, but strategically maneuvering within a familiar arena.
A Single Mistake Shouldn’t Define Your Life
No one should have their entire future defined by a single accusation or a momentary lapse in judgment. The North Dakota legal system can be unforgiving, but it also provides avenues for defense and justice. My commitment is to ensure that a charge related to tattooing, branding, subdermal implants, scarifying, or piercing minors does not become an insurmountable obstacle that dictates the rest of your life. I believe in second chances and in fighting for the future you deserve, free from the burdens of a criminal record. My aggressive and proactive defense philosophy is designed to protect your rights, challenge every aspect of the prosecution’s case, and strive for an outcome that allows you to move forward with your life, unburdened by this difficult chapter.