State of Illinois
2015 and 2016


Introduced , by Rep. Michael J. Madigan


720 ILCS 5/12C-40  was 720 ILCS 5/12-10.1

    Amends the Criminal Code of 2012. Makes a technical change in a Section concerning piercing the body of a minor.

LRB099 04973 RLC 25002 b





HB1127LRB099 04973 RLC 25002 b

1    AN ACT concerning criminal law.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The Criminal Code of 2012 is amended by changing
5Section 12C-40 as follows:
6    (720 ILCS 5/12C-40)   (was 720 ILCS 5/12-10.1)
7    Sec. 12C-40. Piercing the body of a minor.
8    (a)(1) A person commits piercing the the body of a minor
9when he or she knowingly or recklessly pierces the body of a
10person under 18 years of age without written consent of a
11parent or legal guardian of that person. Before the oral cavity
12of a person under 18 years of age may be pierced, the written
13consent form signed by the parent or legal guardian must
14contain a provision in substantially the following form:
15    "I understand that the oral piercing of the tongue, lips,
16cheeks, or any other area of the oral cavity carries serious
17risk of infection or damage to the mouth and teeth, or both
18infection and damage to those areas, that could result but is
19not limited to nerve damage, numbness, and life threatening
20blood clots.".
21    A person who pierces the oral cavity of a person under 18
22years of age without obtaining a signed written consent form
23from a parent or legal guardian of the person that includes the



HB1127- 2 -LRB099 04973 RLC 25002 b

1provision describing the health risks of body piercing,
2violates this Section.
3    (2) A person who is an owner or employed by a business that
4performs body piercing may not permit a person under 18 years
5of age to enter or remain on the premises where body piercing
6is being performed unless the person under 18 years of age is
7accompanied by his or her parent or legal guardian.
8    (b) "Pierce" means to make a hole in the body in order to
9insert or allow the insertion of any ring, hoop, stud, or other
10object for the purpose of ornamentation of the body. "Piercing"
11does not include tongue splitting as defined in Section
1212-10.2. The term "body" includes the oral cavity.
13    (c) Exceptions. This Section may not be construed in any
14way to prohibit any injection, incision, acupuncture, or
15similar medical or dental procedure performed by a licensed
16health care professional or other person authorized to perform
17that procedure or the presence on the premises where that
18procedure is being performed by a health care professional or
19other person authorized to perform that procedure of a person
20under 18 years of age who is not accompanied by a parent or
21legal guardian. This Section does not prohibit ear piercing.
22This Section does not apply to a minor emancipated under the
23Juvenile Court Act of 1987 or the Emancipation of Minors Act or
24by marriage. This Section does not apply to a person under 18
25years of age who pierces the body or oral cavity of another
26person under 18 years of age away from the premises of any



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1business at which body piercing or oral cavity piercing is
3    (d) Sentence. A violation of this Section is a Class A
5(Source: P.A. 97-1109, eff. 1-1-13.)