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An unidentified 7-year-old boy shows a tattoo on his abdomen in this undated photo provided by the Fresno Police department. Enrique Gonzalez, the boys father, and fellow gang member Travis Gorman allegedly held the boy down while Gorman applied the tattoo. On Friday, Oct 2, 2009, a judge will decide if  placing a tattoo on a minor is a permanent and painful disfigurement worthy of the potential life sentence that comes with a mayhem conviction, or is it something less?
An unidentified 7-year-old boy shows a tattoo on his abdomen in this undated photo provided by the Fresno Police department. Enrique Gonzalez, the boys father, and fellow gang member Travis Gorman allegedly held the boy down while Gorman applied the tattoo. On Friday, Oct 2, 2009, a judge will decide if placing a tattoo on a minor is a permanent and painful disfigurement worthy of the potential life sentence that comes with a mayhem conviction, or is it something less?
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FRESNO, Calif. — Enrique Gonzalez wanted his 7-year-old son to have a gang tattoo like his own, a pawprint for the Fresno Bulldogs.

Here’s the question a judge says she’ll decide today: Is placing a tattoo on a minor a permanent and painful disfigurement worthy of a potential life sentence?

Placing the gang tattoo on the child, prosecutors allege, is a recruitment tool that furthers the gang’s criminal enterprise. But does it merit a charge of aggravated mayhem? California statutes describe mayhem as “extreme indifference to the physical or psychological well-being of another person” that intentionally causes disfigurement “unlawfully and maliciously.”

Fresno County Superior Court Judge Hillary Chittick on Monday asked for a few days to think.

“It seems to the court that mayhem requires a certain level of bodily injury,” she said, “and I’m not sure a quarter-sized tattoo meets that.”

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