This thread was locked on 2009-04-21 15:39:01
Forums > General Industry > Implied nude with minors?

Photographer

Victor Maldonado

Posts: 23

Los Angeles, California, US

Is it legal to shoot a 17 year old model implied nude in California? Need help please! Her parents are okay with this but want to make sure there are no legal issues involved...I would like your advise...thanks!

Oct 15 07 02:11 pm Link

Photographer

Farenell Photography

Posts: 18832

Albany, New York, US

You're going to hear everything from "Are you effing whacked?! Don't do it! Its not worth it" to "Go for it!"

I suggest you check w/ a lawyer in regards to your local statues.

Oct 15 07 02:41 pm Link

Photographer

dgold

Posts: 10302

Pawtucket, Rhode Island, US

...how fast can you run ?
Ok, run like hell !

Oct 15 07 02:43 pm Link

Digital Artist

uysdf

Posts: 2934

Hickory, Mississippi, US

Victor M wrote:
Is it legal to shoot a 17 year old model implied nude in California? Need help please! Her parents are okay with this but want to make sure there are no legal issues involved...I would like your advise...thanks!

If I were a photographer I wouldnt even do it if it were legal.....toooo many liabilities..

Oct 15 07 02:43 pm Link

Model

AUBRIANNA

Posts: 219

Londonderry, New Hampshire, US

Farenell Photography wrote:
You're going to hear everything from "Are you effing whacked?! Don't do it! Its not worth it" to "Go for it!"

I suggest you check w/ a lawyer in regards to your local statues.

everything she said hun ..one shoot is not worth the trouble.. but wow her parents are cool with it ... nothing amazes me anymore ...

Oct 15 07 02:44 pm Link

Photographer

StevenDJ

Posts: 191

Holland, Michigan, US

Another one, popcorn, comfy seat, I love Monday's on Mayhem

Oct 15 07 02:44 pm Link

Photographer

Mark Anderson

Posts: 2472

Atlanta, Georgia, US

Wait til she is 18+...

Oct 15 07 02:45 pm Link

Model

Ansley Hord

Posts: 31

Alpharetta, Georgia, US

Oh deaaar.....

Oct 15 07 02:45 pm Link

Photographer

Bryan Scott Photography

Posts: 256

Grand Rapids, Michigan, US

Victor M wrote:
Is it legal to shoot a 17 year old model implied nude in California? Need help please! Her parents are okay with this but want to make sure there are no legal issues involved...I would like your advise...thanks!

Russian Roulette!!!

Oct 15 07 02:46 pm Link

Photographer

Photog Pablo

Posts: 591

Alamogordo, New Mexico, US

Farenell Photography wrote:
"Are you effing whacked?!

I'm going with that one on this issue....

Though the lawyer one was a winner too...

Oct 15 07 02:46 pm Link

Photographer

Janay Castain

Posts: 140

Rancho Cucamonga, California, US

Victor M wrote:
Is it legal to shoot a 17 year old model implied nude in California? Need help please! Her parents are okay with this but want to make sure there are no legal issues involved...I would like your advise...thanks!

That is probably a very risky proposal, one I would suggest you avoid. Tell her to come back on her 18th birthday.

Oct 15 07 02:46 pm Link

Photographer

Imagenes

Posts: 1040

Baltimore, Maryland, US

Victor M wrote:
Is it legal to shoot a 17 year old model implied nude in California? Need help please! Her parents are okay with this but want to make sure there are no legal issues involved...I would like your advise...thanks!

It is not legal to shoot an underage model implied in California. You must driver her to Nevada where it is fine. Have a nice shoot.

Oct 15 07 02:46 pm Link

Photographer

Fotographia Fantastique

Posts: 17339

White River Junction, Vermont, US

Sometimes the question is not is this legal or not, but how much trouble is this likely to cause.

Oct 15 07 02:47 pm Link

Photographer

Janay Castain

Posts: 140

Rancho Cucamonga, California, US

As a compromise, tell her you can shoot her in a bikini/bathing suit. But thats about as nude as she can get, implied or otherwise.

Oct 15 07 02:47 pm Link

Photographer

radar

Posts: 860

New York, New York, US

StevenDJ wrote:
Another one, popcorn, comfy seat, I love Monday's on Mayhem

i will join you...

Oct 15 07 02:48 pm Link

Photographer

SensualArt

Posts: 772

Aldershot, England, United Kingdom

Farenell Photography wrote:
I suggest you check w/ a lawyer in regards to your local statues.

That's the only answer we need on this topic.

Legal advice dispensed on a forum such as this is worth every penny you pay for it.

Oct 15 07 02:49 pm Link

Photographer

Zenestra Photography

Posts: 213

Los Angeles, California, US

Legal, yes...but not worth the trouble, even with parental consent.

Oct 15 07 02:50 pm Link

Photographer

Jason Haven

Posts: 38381

Washington, District of Columbia, US

Ask a lawyer, not MM.

Oct 15 07 02:52 pm Link

Photographer

American Glamour

Posts: 38813

Detroit, Michigan, US

The answer to your question is that it is generally legal to shoot implied nudes of a minor in California.  Some of it has to do with pose since it is possible, at least under federal interpretation, to have a lascivious display of the genitals without nudity.  For the record though, while California uses the exact same language as the feds, they are not bound by that decision.  But that isn't the reason I am posting.

If you are in So. Cal. and this is the model I think it is, I would turn and run very, very quickly.  I have spoken to the girl and spoken to her parents.  I got the lecture on how "comfortable their daughter was with her body."  She submitted to a lingerie gig which was listed for 18+.  Her dad told me that she could do any kind of lingerie she wanted to, so long as she wasn't nude.

He went on to tell me about how she had just posed in sheers and implied nude for an underaged teen glamour site. 

Quite honestly, he was scary.  He had no concept for any kind of limits other than she had to have something on or cover herself. Even full sheers over nude was fine with him.

So, to answer your question, it is generally legal and I might even do it for an appropriate client.  If this is the model I think it is, I wouldn't get near it for any sum of money.

Oct 15 07 02:57 pm Link

Photographer

Allen Seelye

Posts: 27

Missoula, Montana, US

Ooooo... messy.
Is she actually going to be nude in your presence, even if not on film? That's one thing that could get you into trouble all by itself. With the nature of implied nude there are ways to make her appear that way even if she's wearing a bikini or is otherwise scantily clad but it might still qualify as child pornography, parental consent or not.
Even if you get an attorney that will tell you it's safe in HIS OPINION, all that means is that he thinks he could get you off if you do end up in legal trouble over it.
Don't take any chances. Just wait til she's 18.

Oct 15 07 02:59 pm Link

Model

AUBRIANNA

Posts: 219

Londonderry, New Hampshire, US

Fotographia Fantastique wrote:
Sometimes the question is not is this legal or not, but how much trouble is this likely to cause.

amen on that one

Oct 15 07 02:59 pm Link

Photographer

Chris Macan

Posts: 12962

HAVERTOWN, Pennsylvania, US

It depends.........

Oct 15 07 03:00 pm Link

Photographer

Emeritus

Posts: 22000

Las Vegas, Nevada, US

Alan from Aavian Prod wrote:
The answer to your question is that it is generally legal to shoot implied nudes of a minor in California.  Some of it has to do with pose since it is possible, at least under federal interpretation, to have a lascivious display of the genitals without nudity.  For the record though, while California uses the exact same language as the feds, they are not bound by that decision.  But that isn't the reason I am posting.

If you are in So. Cal. and this is the model I think it is, I would turn and run very, very quickly.  I have spoken to the girl and spoken to her parents.  I got the lecture on how "comfortable their daughter was with her body."  She submitted to a lingerie gig which was listed for 18+.  Her dad told me that she could do any kind of lingerie she wanted to, so long as she wasn't nude.

He went on to tell me about how she had just posed in sheers and implied nude for an underaged teen glamour site. 

Quite honestly, he was scary.  He had no concept for any kind of limits other than she had to have something on or cover herself. Even full sheers over nude was fine with him.

So, to answer your question, it is generally legal and I might even do it for an appropriate client.  If this is the model I think it is, I wouldn't get near it for any sum of money.

Every once in a while, when a post asks a question with "minor" in it, we get a thoughtful, reasonable response.

Then the thread goes back to being the usual mindless paranoia that they always become.

Oct 15 07 03:06 pm Link

Photographer

Russell Lewis

Posts: 4278

Why not just sit in a bathtub and experiment with electricity? It would probably be safer.

Oct 15 07 03:07 pm Link

Model

DELETE ACCOUNT

Posts: 5517

Eškašem, Badakhshan, Afghanistan

StevenDJ wrote:
Another one, popcorn, comfy seat, I love Monday's on Mayhem

Ronnie Adar wrote:
i will join you...

Can I sit in the middle?

Oct 15 07 03:07 pm Link

Photographer

StevenDJ

Posts: 191

Holland, Michigan, US

KATHY   JEAN wrote:

StevenDJ wrote:
Another one, popcorn, comfy seat, I love Monday's on Mayhem

Can I sit in the middle?

Monday's on Mayhem
Other interesting threads I am sitting at:

Buttgasm!!!!! https://modelmayhem.com/p.php?thread_id=198920

Models who OUT photographers for vindictive reason
https://modelmayhem.com/p.php?thread_id=198962

Oct 15 07 03:16 pm Link

Model

Sierra Sunshine

Posts: 11876

Toronto, Ontario, Canada

Its not worth it... even if it is allowed you need to be at least 18 to shoot full nudity anything, with that said, her being a minor, and im assuming your not, if your more then 4 years older you could be charged with child pornography, etc.. its not worth it. for all you know the parents might turn around and sue u afterwards,

Oct 15 07 03:21 pm Link

Photographer

EdBPhotography

Posts: 7741

Torrance, California, US

Yay, I get to say "I was here" on page one of what will go for another 160 pages.  smile

Oct 15 07 03:37 pm Link

Photographer

Victor Maldonado

Posts: 23

Los Angeles, California, US

I really appreciate your comments and opinions...

I surely don't want to find myself in a situation like that (lawsuit and such) I love what I do so much and I was just curious about what other photogs are doing on regards this matter...thanks again everyone!

-Victor M

Oct 15 07 03:43 pm Link

Photographer

IMagus Digital Fine Art

Posts: 545

Saint Paul, Minnesota, US

Good God Man!  If you have your doubts shouldn't that be good enough? Not a good idea my friend and I would touch this with a.. um ten foot lense.

Oct 15 07 03:45 pm Link

Photographer

IMagus Digital Fine Art

Posts: 545

Saint Paul, Minnesota, US

Phuong-Anh wrote:
, if your more then 4 years older you could be charged with child pornography, etc..

WHAT?!!!  My God I'm 39 and most the wonderful model's I've worked with are under 30 . . .


silly.. silly thinking

Oct 15 07 03:48 pm Link

Model

natalie claire

Posts: 159

Los Angeles, California, US

The Rusty Horse wrote:
Why not just sit in a bathtub and experiment with electricity? It would probably be safer. [/quote

OMG I laughed out loud to this one ( in the library at school.. not a good thing)

:-)

Oct 15 07 03:48 pm Link

Photographer

Chris Macan

Posts: 12962

HAVERTOWN, Pennsylvania, US

Phuong-Anh wrote:
Its not worth it... even if it is allowed you need to be at least 18 to shoot full nudity anything, with that said, her being a minor, and im assuming your not, if your more then 4 years older you could be charged with child pornography, etc.. its not worth it. for all you know the parents might turn around and sue u afterwards,

Ummm....... False, you can in the united states shoot a under 18 model nude (with limitations)

and...... Your age in relation to the minor has no standing on a pictures status as kiddy porn.
it either is porn or isn't.
(both the model and photographer could be 15 and if they make porn... they can be charged)

That said.... If you don't know what you are talking about you have no business offering legal advice here or anywhere...... Please stop.

Oct 15 07 03:50 pm Link

Photographer

Photos by Stofferson

Posts: 924

Owings Mills, Maryland, US

Victor M wrote:
I really appreciate your comments and opinions...

I surely don't want to find myself in a situation like that (lawsuit and such) I love what I do so much and I was just curious about what other photogs are doing on regards this matter...thanks again everyone!

-Victor M

Law suits are the least of the problems that this can cause. If you are charged with a crime, which is very possible, you will face arrest and legal fees defending yourself from something that was basically innocent. It is not worth it, IMHO.  I strongly suggest that you wait until the model is at least 18.  AND, make sure that she has a photo ID indicating her age.

The federal government has no problem charging you with a crime.  Even if you win the court case, you'll be out for your legal fees.

Oct 15 07 03:50 pm Link

Model

Fire Pixi

Posts: 238

Fort Lauderdale, Florida, US

if i where you i'd just wait till she turns 18. even if it is legal in Cali. it may freak people out.

Oct 15 07 03:52 pm Link

Model

Sexy Nesha

Posts: 101

Oakland, California, US

DONT DO IT

Oct 15 07 03:55 pm Link

Model

natalie claire

Posts: 159

Los Angeles, California, US

StevenDJ wrote:

Monday's on Mayhem
Other interesting threads I am sitting at:

Buttgasm!!!!! https://modelmayhem.com/p.php?thread_id=198920

Models who OUT photographers for vindictive reason
https://modelmayhem.com/p.php?thread_id=198962

make room for one more on the couch please? and pass the popcorn, these *Under 18* threads are so fun!!  yummmmyy !!

Oct 15 07 03:57 pm Link

Photographer

PhotoDynamics

Posts: 62

Martinsburg, West Virginia, US

How about the other way an under age photographer that shots nudes. I heard of this the past weekend.

Oct 15 07 04:03 pm Link

Model

Ryleigh

Posts: 223

Manchester, New Hampshire, US

Think about this if this whole situation is causing this much controversy in the forums then imagine what would happen in real life. Don't bother! Your in California there are beautful woman all over the place I'm sure you can find one of legal age.

Oct 15 07 04:05 pm Link

Photographer

John Felici

Posts: 609

Pascoag, Rhode Island, US

Victor M wrote:
Is it legal to shoot a 17 year old model implied nude in California? Need help please! Her parents are okay with this but want to make sure there are no legal issues involved...I would like your advise...thanks!

is it ok to light a match around dynamite? it might not go off.....

Oct 15 07 04:09 pm Link