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Cal. Penal Code § 653 (2026)

✓ current as of May 2026
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Every person who tattoos or offers to tattoo a person under the age of 18 years is guilty of a misdemeanor.

As used in this section, to “tattoo” means to insert pigment under the surface of the skin of a human being, by pricking with a needle or otherwise, so as to produce an indelible mark or figure visible through the skin.

This section is not intended to apply to any act of a licensed practitioner of the healing arts performed in the course of his practice.

Notes of Decisions
Cited in 21 cases (1 in the last 5 years), 1966–2022 · leading case: People v. Castro, 696 P.2d 111 (Cal. 1985).
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People v. Castro, 696 P.2d 111 (Cal. 1985). · cites it 2× “[7] What moral turpitude follows from a conviction of conspiracy to tattoo a person under 18? (Pen. Code, § 653.) [8] A frequently cited case for the proposition that any felony conviction is impeaching is that of the Supreme Court of Washington in State v.”
Anderson v. City of Hermosa Beach, 621 F.3d 1051 (9th Cir. 2010). · cites it 2× “" CAL. PENAL CODE § 653. The City of Hermosa Beach lies within the County of Los Angeles ("the County").”
Am. Academy of Pediatrics v. Lungren, 940 P.2d 797 (Cal. 1997). · cites it 2× “(b)(1)) or indeed, prohibit a minor, with or without parental consent, from receiving a permanent tattoo (Pen. Code, § 653). To avoid any misunderstanding, our conclusion in this regard is not intended, of course, to suggest that a pregnant minor’s protected privacy interest in…”
People v. Victor L., 182 Cal. App. 4th 902 (Cal. Ct. App. 2010). “(Pen. Code, § 653.) But he overemphasizes the role of the penal law in this context.”
State of Washington v. Thomas Lee Weatherwax, 193 Wash. App. 667 (Wash. Ct. App. 2016). · cites it 2× “2 The State has called our attention to California decisions approving probation conditions that imposed blanket restrictions on tattoos, but those decisions dealt exclusively with juveniles.”
Paulus v. Bob Lynch Ford, Inc., 43 Cal. Rptr. 3d 148 (Cal. Ct. App. 2006). “536 [violation of Endangered *166 Species Act, Pen.Code, §§ 653 o -653r].) [17] Likewise, a UCL "unlawful" claim may be founded on the allegation of a secret rebate or unearned price discount.”
Rattray v. City of Nat'l City, 51 F.3d 793 (9th Cir. 1994). · cites it 2× “California Penal Code § 653(h) provided that: Any person who .”
Contra Costa Cnty. Soc. Servs. Dep't v. Holly H., 2003 Cal. Daily Op. Serv. 54 (Cal. Ct. App. 2002). “(b)(1)); or getting a permanent tattoo (Pen. Code, § 653). Minors must have a guardian to appear in a civil action (Code Civ.”
In Re Davis, 242 Cal. App. 2d 645 (Cal. Ct. App. 1966). “Code, § 652) and tattooing persons under 18 (Pen. Code, § 653). Section 650% itself makes illegal, apart from the commission of acts openly outrageous to public decency, such things as ‘ ‘ acts which seriously injure the person or property of another” or “acts which seriously…”
Fouke Co. v. Brown, 463 F. Supp. 1142 (E.D. Cal. 1979). “Pursuant to the Supremacy Clause of the United States Constitution (Article VI, Clause 2), California Penal Code Section 653 o and 653r are declared unconstitutional and unenforceable as applied to American alligator (alligator mississippiensis) hides unless the same are taken,…”
H.J. Justin & Sons, Inc., Dba Justin Boot Co., a Texas Corp. v. George Deukmejian, Governor of the State of California, 702 F.2d 758 (9th Cir. 1983). “In this appeal appellant, a manufacturer of boots, asks us to reverse the district court’s judgment that Cal.Penal Code § 653 o (West Supp.1981) is not preempted by current federal statutes or regulations.”
H. J. Justin & Sons, Inc. v. Brown, 519 F. Supp. 1383 (E.D. Cal. 1981). “*1391 The Court is of the opinion that the enforceability of California Penal Code §§ 653 o and 653r with respect to the plaintiff’s sale of African elephant boots in California turns entirely on the meaning of the language of Condition B.”
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— Cal. Penal Code § 653(h) — 2 cases
Rattray v. City of Nat'l City, 51 F.3d 793 (9th Cir. 1994). “California Penal Code § 653(h) provided that: Any person who .”
Rattray v. City of Nat'l City, 36 F.3d 1480 (9th Cir. 1994).
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