Photographer
S W I N S K E Y
Posts: 24376
Saint Petersburg, Florida, US
LEVEL ONE PHOTOGRAPHY wrote:
18+ false
Photographer
M Pandolfo Photography
Posts: 12117
Tampa, Florida, US
LT Smash wrote:
Its 18. Clear. Concise. And a complete fail.
Photographer
S W I N S K E Y
Posts: 24376
Saint Petersburg, Florida, US
Swank Photography wrote:
In many states it is 18...but my advice is for you to seek legal advice about this from your attorney. there is no state that i know of that prohibits underage models from posing nude.
add sexual situations, lascivious display of genitalia and you'll find lots of laws..
simply nudity..i dont think you can cite one law from any state.
Photographer
S W I N S K E Y
Posts: 24376
Saint Petersburg, Florida, US
Michael Rothman wrote:
I just shot my granddaughter at 5 minutes of age.
Kiddie Porn? only a brain damaged individual would see a nude child and think of porn.
Photographer
S W I N S K E Y
Posts: 24376
Saint Petersburg, Florida, US
Emily Carrington wrote:
Are you an undercover cop? if he is, hopefully he knows the law better then the majority of people responding in the thread.
Photographer
ADM Photography
Posts: 54
Columbus, Ohio, US
Michael Rothman wrote:
I just shot my granddaughter at 5 minutes of age.
Kiddie Porn? LOL - i SURE hope not! i have bare-butt shots of my baby son and daughter, and don't want my door kicked in by the feds!
Photographer
S W I N S K E Y
Posts: 24376
Saint Petersburg, Florida, US
requiemforafirefly wrote:
this is what i wanna know.. not how old you have to be but how young.. new born babies? fine! but then how old is too old.. like if it can walk does that mean its child pornography? I dont think ive ever seen any rules on what is too old. so confusing its very simple, anyone of any age can be photographed nude.
underage models can't be photographed in sexual situations (actual or simulated) clothed or unclothed. also, no lascivious displays of the genitalia.
simple stuff
Photographer
PDF IMAGES PHOTOGRAPHY
Posts: 4606
Jacksonville, Florida, US
Magic Image Photography wrote:
you can shoot any one naked at any age it just depends on the content. As did Brooke Shields ??? I suppose with parental release and it's not exploiting the minor or it's pornographic, Check local laws concerning the issue !
But many underage young stars (movie) have done nude works at very young ages ! Brroke Shields was just one come to mind ?
Photographer
American Glamour
Posts: 38813
Detroit, Michigan, US
PDF IMAGES PHOTOGRAPHY wrote:
As did Brooke Shields ??? I suppose with parental release and it's not exploiting the minor or it's pornographic, Check local laws concerning the issue !
But many underage young stars (movie) have done nude works at very young ages ! Brroke Shields was just one come to mind ? While there are certainly situations where it will be legal to photograph a minor in the nude, using Brooke Shields as an example is not appropriate.
The current federal statute, 18 USC 2256, which defines, at least in part, child pornography, sees some of its roots as a reaction to Brooke Shield's appearance in "Pretty Baby." It isn't clear that you could legally make that same movie today.
Photographer
PDF IMAGES PHOTOGRAPHY
Posts: 4606
Jacksonville, Florida, US
ei Total Productions wrote:
While there are certainly situations where it will be legal to photograph a minor in the nude, using Brooke Shields as an example is not appropriate.
The current federal statute, 18 USC 2256, which defines, at least in part, child pornography, sees some of its roots as a reaction to Brooke Shield's appearance in "Pretty Baby." It isn't clear that you could legally make that same movie today. You may have valid point, !!! I stand corrected, although it's ashamed that the human body can't be photographed at any age if done with artful taste, and without taboo'd reactions 
Photographer
ontherocks
Posts: 23575
Salem, Oregon, US
i think labs are required to report anything that might be considered child pornography? so if you send your pics out to get them printed it's at the discretion of the lab whether they are a problem? ADM Photography wrote:
LOL - i SURE hope not! i have bare-butt shots of my baby son and daughter, and don't want my door kicked in by the feds!
Photographer
MLRPhoto
Posts: 5766
Olivet, Michigan, US
requiemforafirefly wrote:
this is what i wanna know.. not how old you have to be but how young.. new born babies? fine! but then how old is too old.. like if it can walk does that mean its child pornography? I dont think ive ever seen any rules on what is too old. so confusing Doug Swinskey wrote:
its very simple, anyone of any age can be photographed nude.
underage models can't be photographed in sexual situations (actual or simulated) clothed or unclothed. also, no lascivious displays of the genitalia.
simple stuff As I read her question, she's asking what is "too old" to be child porn. As I understand the law, the answer is 18. That is, if the image is considered sexual, the model needs to be 18. NOT if the image happens to be nude.
Model
Alyssa Janelle
Posts: 806
Minneapolis, Minnesota, US
I would say 18; since that is the age a person becomes an "adult" in society.
If under 18; better get a parent/guardian signature.
Photographer
Rays Fine Art
Posts: 7504
New York, New York, US
SLE Photography wrote:
I knew I was getting old this past weekend when I shot nudes of a model (at her request, I might add) who wasn't born until after I graduated high school & I stopped to think "boy, this's a little weird." Just wait till they're younger than your youngest grandchild!!!
That's when you know you're really old!
Photographer
Justin Foto
Posts: 3622
Alberschwende, Vorarlberg, Austria
I read somewhere that in Massachusetts it's about to be 59-
Photographer
Swank Photography
Posts: 19020
Key West, Florida, US
matthew turner images wrote:
What is the legal age for a model to pose nude, or better yet, what is the appropriate age that a photographer can ask a model to pose nude? I was thinking 18, but then I was thinking 21. Not sure which one is "legal". I have some ideas that I feel would work great with the model either nude, or semi nude, but feel like an old pervert asking an 18 year old to take their clothing off. Comments? Check your local state or country. Pretty much as long as you are legal then it is fine.
Photographer
Harold Rose
Posts: 2925
Calhoun, Georgia, US
BlueDancer Digital wrote:
It's 18, and don't let anyone tell you that there are circumstances when it's okay to work with a nude model younger than that. As for how you'll feel asking her to undress for the shoot - that's something that should be discussed between the two of you long before she arrives on the set, so, when the time comes, it won't be any surprise.
Good luck!
- Dan Amen. Amen...
Photographer
M Pandolfo Photography
Posts: 12117
Tampa, Florida, US
BlueDancer Digital wrote:
It's 18, and don't let anyone tell you that there are circumstances when it's okay to work with a nude model younger than that. Oh how just a few simple words like "In my opinion..." could transform an ignorant post into a legitimate one.
Stating "and don't let anyone tell you that there are circumstances when it's okay..." as if it's somehow based in fact is ludicrous. There indeed are circumstances when when it's okay. In fact, the circumstances (i.e. the content) make all the difference in the world.
Unless one is the type of person that automatically equates a nude image with a sexual or lascivious one.
Good God where do people get their misinformation?
Photographer
J Sharp
Posts: 3437
Sacramento, California, US
BlueDancer Digital wrote:
It's 18, and don't let anyone tell you that there are circumstances when it's okay to work with a nude model younger than that. As for how you'll feel asking her to undress for the shoot - that's something that should be discussed between the two of you long before she arrives on the set, so, when the time comes, it won't be any surprise.
Good luck!
- Dan Harold Rose wrote:
Amen. Amen... Please don't encourage false information.
Photographer
Leroy Dickson
Posts: 8239
Flint, Michigan, US
SLE Photography wrote:
I knew I was getting old this past weekend when I shot nudes of a model (at her request, I might add) who wasn't born until after I graduated high school & I stopped to think "boy, this's a little weird." Same here....lol
Photographer
Shutterbug5269
Posts: 16084
Herkimer, New York, US
SLE Photography wrote:
 Right, because heaven forbid we should tell someone the FACTS.
What you said is NOT LEGALLY VALID.
I defy you to produce a law that says otherwise, federal or state.
It is RISKY, in many cases, to shoot a minor nude and might bring you really unwanted legal attention that could ruin you even if you're exonerated.
But it's NOT illegal and there're plenty of instances (such as my previous mention of fashion material with topless 16 & 17 year olds, or nudist publications with shots of families together in the nude) where it's perfectly legal & allowed.
Telling someone it's risky is one thing, telling someone there're NO circumstances where it's legal/ok is false. One of the things that makes this a "risky" proposition is the fact that as far as the law is concerned neither the photographer nor the model get to determine weather an image (nude or not) is considered to be of a sexual nature.
Weather that is what they intended or not
Most of the laws that apply to sexually explicit material, (regardless of the age of the participants) are determined by community standards not the people involved in the production of the image. (bear in mind I am more familiar with FCC regulations than I am with state and local laws on the subject)
Anyone who thinks that model release is going to protect them from prosecution if the parents see the images and go ape-shit is sadly mistaken.
Photographer
Mike Weston Photography
Posts: 181
Lewisville, Texas, US
The bottom line here is that anything is legal until you get caught or someone complains. In Dallas several years ago two women (one a photographer) took a photo of both of thier toddlers sitting nude, next to each other on a log. Both children were facing away from the camera and it was a very cute photo. Someone at the park at the time the photo was being taken freaked, called the police. The police arrived, made an arrest based on production of child pornography, made reports and photog was out of jail the next day. Her daughter was taken from her by child protective services and placed in foster care pending investigation. Although not arrested, the other mother and friend of the photographer was subjected to the same treatment by CPS. During the trial a few weeks later a judge decided that this was all innocent and done in the name of art and ordered the children returned. All turned out ok, except both families were out considerable legal expenses, the horror or a child being taken from his/her mother and sundry other unpleasant reprocussions of this innocent act.
Remember, it may be legal but it could cost you a lot to prove it. Maybe even your reputation as a professional photographer. Sometimes it's better to be safe than sorry.
Photographer
Swank Photography
Posts: 19020
Key West, Florida, US
Doug Swinskey wrote:
there is no state that i know of that prohibits underage models from posing nude.
add sexual situations, lascivious display of genitalia and you'll find lots of laws..
simply nudity..i dont think you can cite one law from any state. You truly don't want to go into this do you?
Let me rephrase this...it may not be illegal for a minor to pose nude...but it sure as all hell is ILLEGAL for an adult to be in possession of them.
Photographer
Justin Foto
Posts: 3622
Alberschwende, Vorarlberg, Austria
Swank Photography wrote:
You truly don't want to go into this do you?
Let me rephrase this...it may not be illegal for a minor to pose nude...but it sure as all hell is ILLEGAL for an adult to be in possession of them. I think this is what is known as a can of worms. Legal or not, it's just asking for trouble to shoot nudes under 18.
Photographer
Emeritus
Posts: 22000
Las Vegas, Nevada, US
Swank Photography wrote:
You truly don't want to go into this do you?
Let me rephrase this...it may not be illegal for a minor to pose nude...but it sure as all hell is ILLEGAL for an adult to be in possession of them. Bullshit.
This has been one of those threads just chock full of misinformation. Perhaps we can go for the world record?
Photographer
American Glamour
Posts: 38813
Detroit, Michigan, US
TXPhotog wrote:
This has been one of those threads just chock full of misinformation. Perhaps we can go for the world record? I could spend my retirement just responding to the misinformation, but alas, I have other things to do.
I will have to settle for a little sigh
Model
Leo Velo
Posts: 1248
Portland, Oregon, US
i'm 18, i pose nude. if it's illegal, whoops. i better go into hiding.  ///Leah
Photographer
S W I N S K E Y
Posts: 24376
Saint Petersburg, Florida, US
Doug Swinskey wrote:
there is no state that i know of that prohibits underage models from posing nude.
add sexual situations, lascivious display of genitalia and you'll find lots of laws..
simply nudity..i dont think you can cite one law from any state. Swank Photography wrote:
truly don't want to go into this do you?
Let me rephrase this...it may not be illegal for a minor to pose nude...but it sure as all hell is ILLEGAL for an adult to be in possession of them. how about this, cite relevant law or shut up....
once again, it's not illegal...
fyi, there are images of underage semi nude/nude models right here on Model Mayhem..
no one is in jail, no one is being harassed by government officials...
Photographer
Shane Noir
Posts: 2332
Los Angeles, California, US
Justin Foto wrote:
I think this is what is known as a can of worms. Legal or not, it's just asking for trouble to shoot nudes under 18. Yeah.. just because there may be a way to do it in a way that a lawyer could argue it wouldn't be against the law, doesn't mean its worth the trouble. There are plenty of models on here who make a living by looking under 18 even though they are not.
Photographer
Shutterbug5269
Posts: 16084
Herkimer, New York, US
Before this becomes the trainwreck it's on it's way to becoming can we all please bear in mind the OP asked what the Appropriate Age for Nude Modeling matthew turner images wrote:
What is the legal age for a model to pose nude, or better yet, what is the appropriate age that a photographer can ask a model to pose nude? I was thinking 18, but then I was thinking 21. Not sure which one is "legal". I have some ideas that I feel would work great with the model either nude, or semi nude, but feel like an old pervert asking an 18 year old to take their clothing off. Comments?
Photographer
C h a r l e s D
Posts: 9312
Los Angeles, California, US
I'm not going to fall for this again. I keep getting pulled into these threads. I must leave for my safety and exploding brain.
Photographer
S W I N S K E Y
Posts: 24376
Saint Petersburg, Florida, US
Ultra Magnus wrote:
I'm not going to fall for this again. I keep getting pulled into these threads. I must leave for my safety and exploding brain. model release threads, escort threads and underage model threads always have the most inaccurate info posted in them...i am drawn to them like a moth to a flame...
i wish i could keep away, but its sooooo beautiful ~
Photographer
Emeritus
Posts: 22000
Las Vegas, Nevada, US
Shutterbug5269 wrote:
Most of the laws that apply to sexually explicit material, (regardless of the age of the participants) are determined by community standards not the people involved in the production of the image. But his question is not about "sexually explicit material", and community standards tests do not apply to questions of child pornography. They are used to determine "obscenity", which is an entirely different issue.
Photographer
glamour pics
Posts: 6095
Los Angeles, California, US
Doug Swinskey wrote:
model release threads, escort threads and underage model threads always have the most inaccurate info posted in them...i am drawn to them like a moth to a flame...
i wish i could keep away, but its sooooo beautiful ~ As an expert on the topics, I believe that threads on model releases and on copyright are the possible winners in the highest noise to signal ratio.
The highest ratios are found when the OP asks about the law in country "A" and all the responses are from country "B."
Photographer
dawnforge
Posts: 40
Winnipeg, Manitoba, Canada
SLE Photography wrote:
I knew I was getting old this past weekend when I shot nudes of a model (at her request, I might add) who wasn't born until after I graduated high school & I stopped to think "boy, this's a little weird." I am close to that point myself. I dislike this aging thing. Whoever came up with it should get canned!
Photographer
Brian Diaz
Posts: 65617
Danbury, Connecticut, US
Doug Swinskey wrote:
there is no state that i know of that prohibits underage models from posing nude.
add sexual situations, lascivious display of genitalia and you'll find lots of laws..
simply nudity..i dont think you can cite one law from any state. It appears that Ohio has such a law.
http://codes.ohio.gov/orc/2907.323
That's the only one of which I know.
Photographer
Vamp Boudoir
Posts: 11446
Florence, South Carolina, US
Brian Diaz wrote:
It appears that Ohio has such a law.
http://codes.ohio.gov/orc/2907.323 isn't it odd that so many great nude and art models are from Ohio? Fact is sometimes stranger than fiction! 
Photographer
CGI Images
Posts: 4989
Wichita, Kansas, US
Swank Photography wrote:
You truly don't want to go into this do you?
Let me rephrase this...it may not be illegal for a minor to pose nude...but it sure as all hell is ILLEGAL for an adult to be in possession of them. hahahaha. Many many bookstores and art galleries are in big trouble then.
Photographer
Emeritus
Posts: 22000
Las Vegas, Nevada, US
Doug Swinskey wrote:
there is no state that i know of that prohibits underage models from posing nude.
add sexual situations, lascivious display of genitalia and you'll find lots of laws..
simply nudity..i dont think you can cite one law from any state. Brian Diaz wrote:
It appears that Ohio has such a law.
http://codes.ohio.gov/orc/2907.323
That's the only one of which I know. No, that doesn't qualify either. Nude photos with parental constent are not illegal if they are:
for a bona fide artistic, medical, scientific, educational, religious, governmental, judicial, or other proper purpose . . . .
|
Right, because heaven forbid we should tell someone the FACTS. 