Forums > Photography Talk > Legal age?

Photographer

Eugene D

Posts: 9

Westland, Michigan, US

I had the mother of a model ask me, what is the legal age  of a girl doing a lingerie shoot? I thought it was 18 but I'm not sure. What is it??

Mar 18 17 05:40 am Link

Artist/Painter

Hunter GWPB

Posts: 8196

King of Prussia, Pennsylvania, US

It is going to vary by state.  I believe in Pennsylvania, a sixteen year old can pose nude in an art class, but not for a photograph.  But I am not really sure because I am not stupid enough to work in a risqué situation involving anyone under 18.  That is because, even if it is legal in one portion of the law, it is illegal in another.  For instance, corruption of a minor is used when the law hasn't been broken in another area.

Lingerie may be more difficult.  It isn't illegal to photograph someone in a bathing suit, but could be if she is in a bra and panties.  There is one law in Pennsylvania that makes it a crime to take a picture of someone's genitals even if they are dressed, the question being left unanswered, is a whole body photograph illegal then?

If you call your DA up, they will probably tell you they can't give you legal advice.  But they sure will expect you to know the law, or their interpretation of it, when they prosecute you. 

Tell the mom that it doesn't matter what the law says, you have a policy of avoiding shots that may be risqué of anyone under 18.  Or do lots of legal research.  Remember, the bad advice you may get from MM forums will not protect you from jail.

I understand you are not asking about nude modeling.  However, consider MM rules that any part of the public region, hair present or not, is a mature image.  Any portion of the areola being visible through shear clothing or not, is a mature image.  The perception of it being illegal among citizens and law enforcement means that complaints and arrest is a possibility.   Some famous French photographer that was known for taking pictures of young girls, was accused of far more than that.  When he died, he got slammed in these forums.  https://www.modelmayhem.com/forums/post/963696

http://statelaws.findlaw.com/michigan-l … -laws.html
the follow is about sex- the difficulty in doing internet searches on this subject- but read the "enticement section" and imagine how that could be used against you
http://www.criminaldefenselawyer.com/re … e-laws.htm
typical discussion
https://answers.yahoo.com/question/inde … 232AA7LuVE

Mar 18 17 06:01 am Link

Photographer

dcsmooth

Posts: 1349

Detroit, Michigan, US

I wouldn't consider doing that with a model under 18 because of the possibility for trouble. Unfortunately in our society there are too many people who want to find things to complain about, and that could easily be one of them.

I can verify what was previously stated about models in art classes. Back in the mid 1960's when I was 16, I modeled nude in art classes and it was not unusual for them to hire models under 18. I don't know if that has changed since then or if it is the same in every state.

Mar 18 17 07:00 am Link

Photographer

Eugene D

Posts: 9

Westland, Michigan, US

I'm not shooting any model in lingerie under the age of 18.  The mother just wanted to know.  Thanks.

Mar 18 17 10:02 am Link

Photographer

Jim Shibley

Posts: 3309

Phoenix, Arizona, US

It may depend on your state. The local paper carries ads for children's clothes that I wouldn't shoot.

Mar 19 17 06:08 am Link

Photographer

PhillipM

Posts: 8049

Nashville, Tennessee, US

In my area, 65... and even then I'd pass.

Mar 19 17 07:07 am Link

Photographer

MikeW

Posts: 400

Cape Canaveral, Florida, US

Varies by state. Legal age is often under 18, but usually need to be 18 or older to sign release/contract.

Mar 21 17 09:47 pm Link

Photographer

FFantastique

Posts: 2535

Orlando, Florida, US

Someone made a story about a divorcing couple. The wife wanted to go home to mom. The husband said something denigratory. Then made a remark revealing that she was 10!

That got me to do some research on what the real age limits are.

As I recall, it does vary by state, with parental permission 12 for female, 14 for male. [don't remember which state nor the source.]

That was a decade ago and don't know if it's still current.

Amazing!

I think that these laws were enacted in an agrarian society when life expectancy was a lot shorter and we had to get on with it!

Mar 21 17 10:42 pm Link

Photographer

Eyesso

Posts: 1218

Orlando, Florida, US

So, the uncomfortable truth is that many of the runway and editorial campaigns feature underage models....because, what is underage in the USA may not be underage in parts of Europe or Russia.  So that's actually been a global issue, a problem of ethics, appropriateness, and child labor.  https://mic.com/articles/127776/underag … .rlT2HOHZm

"Legal" is whatever the parent's sign off on.....so the disturbing part to me is that some photographers are like "sure, I'll take sexy pictures of your 16 year old in lingerie"....WTF is that useful for??

Here's my solution....if they are under 18, I'm shooting them in clothes, I don't care if a mom wants lingerie, I won't shoot that.

Mar 27 17 09:32 am Link

Photographer

Francisco Castro

Posts: 2630

Cincinnati, Ohio, US

Look at it this way, even if the legal age in your jurisdiction is 16, in another area, it could be considered child porn and this, you could get into trouble just by making it available for viewing there. In the internet age, that could be a problem. The only "age of consent" that is recognized across the board in US jurisdictions seem to be eighteen. I would use that as the baseline.

But then again,bi am not a lawyer so who am I to give legal advice?

Mar 27 17 07:04 pm Link

Photographer

barepixels

Posts: 3195

San Diego, California, US

If you are not sure, play safe and shoot only 18 and up

Mar 28 17 12:00 am Link

Photographer

Beauty Grenade

Posts: 59

Ironton, Ohio, US

I had a parent tell me last year that she was fine with my taking topless or nudes of her (at the time) 17year old...

How someone else wants to shoot is their business. My rules for topless/nudes are 18+, AND no longer in high school.

For me, it just isn't worth the danger that comes with a release being signed by a parent or parents that later changes their mind, or petty high drama that gets ugly.

Mar 28 17 05:53 am Link

Photographer

Francisco Castro

Posts: 2630

Cincinnati, Ohio, US

btussey wrote:
I had a parent tell me last year that she was fine with my taking topless or nudes of her (at the time) 17year old...

How someone else wants to shoot is their business. My rules for topless/nudes are 18+, AND no longer in high school.

For me, it just isn't worth the danger that comes with a release being signed by a parent or parents that later changes their mind, or petty high drama that gets ugly.

+1

What is legal, may not be ethical. Being ethical means holding yourself to a higher standard than what you can get away with.

Mar 28 17 07:18 am Link

Photographer

Thomas Van Dyke

Posts: 3233

Washington, District of Columbia, US

Eugene D wrote:
I had the mother of a model ask me, what is the legal age  of a girl doing a lingerie shoot? I thought it was 18 but I'm not sure. What is it??

Research "Emancipated Minor" You likely will discover that age may or may not be part of the mix here... That said, the workaround is simply to have the wardrobe stylist provide swimwear ensembles... There are countless Teen and Pre Teen clothing catalogs full of this type of imagery... And yes two piece swimwear is rather popular and prevalent...

Personally I refuse to shoot glamour or anything that exploits a girl's femininity rather than honoring it...

But then again I'm a bridal makeup artist and prefer to keep my portfolio focused on Beauty Genre...
Enough said...

Mar 28 17 07:24 am Link

Photographer

Brooklyn Bridge Images

Posts: 13200

Brooklyn, New York, US

Mar 28 17 01:14 pm Link