Forums > General Industry > Dilema..!!

Photographer

Stuart McAllister

Posts: 396

Hamilton, Scotland, United Kingdom

Hi Folks

I am looking for advice and a general opinion on the following dilema which involves age and concent.

A client has indicated that during an upcoming shoot she wants to do some art nude work.  The girl is 16.  She has the concent of her mother, who will be present at the shoot and as always I will have my own assistant plus MUA.

This is something that has always confused me.  In the UK the age of concent for a girl is 16, yet in my own mind something is bothering me about this.

As I said, I am looking for advice on this, is it legal regardless of parental concent?

Cheers
Stuart

Jul 15 08 03:42 am Link

Model

Miss Anna Evans

Posts: 40233

Astoria, New York, US

Stuart McAllister wrote:
Hi Folks

I am looking for advice and a general opinion on the following dilema which involves age and concent.

A client has indicated that during an upcoming shoot she wants to do some art nude work.  The girl is 16.  She has the concent of her mother, who will be present at the shoot and as always I will have my own assistant plus MUA.

This is something that has always confused me.  In the UK the age of concent for a girl is 16, yet in my own mind something is bothering me about this.

As I said, I am looking for advice on this, is it legal regardless of parental concent?

Cheers
Stuart

Model Mayhem is not the place to look for legal or moral advice.

Jul 15 08 03:46 am Link

Model

Miss Dion

Posts: 3369

London, England, United Kingdom

general consensus is that it is legal to photograph a minor nude as long as it's not pornographic or have sexual connotations. ask your solicitor for further advice.

Jul 15 08 03:48 am Link

Photographer

Stuart McAllister

Posts: 396

Hamilton, Scotland, United Kingdom

Miss Anna Evans wrote:

Model Mayhem is not the place to look for legal or moral advice.

I always thought it was a place where you could ask advice from people in the industry who have come across certain situations, legal, moral or whatever.

Jul 15 08 03:49 am Link

Photographer

normad

Posts: 11372

Saint Louis, Missouri, US

Stuart McAllister wrote:

I always thought it was a place where you could ask advice from people in the industry who have come across certain situations, legal, moral or whatever.

but the wrong advice here could have serious legal consequences for you.
which is why perhaps you should talk to a lawyer
familiar with the law in the place where you want to do that shoot.
CYA and stuff...

Jul 15 08 03:53 am Link

Photographer

PYPI COMMERCIAL

Posts: 1353

San Francisco, California, US

It's legal in the U.S. if there is no sexual component. But unless they are paying you a truckload of money and willing to sign a stack of paperwork covering your legal cost if any, I would personally skip it. Who needs the hassle regardless if you are on the right side of the law or not.

Morally, it's up to you.

Jul 15 08 03:55 am Link

Photographer

IrisSwope

Posts: 14857

Dallas, Texas, US

PYPI COMMERCIAL wrote:
It's legal in the U.S. if there is no sexual component. But unless they are paying you a truckload of money and willing to sign a stack of paperwork covering your legal cost if any, I would personally skip it. Who needs the hassle regardless if you are on the right side of the law or not.

Morally, it's up to you.

He's in the UK... It's legal there too.

n the UK the age of concent for a girl is 16, yet in my own mind something is bothering me about this.

Morals are personal, if you don't want to do it, don't. Don't let other people tell you how to feel, or believe.

Jul 15 08 03:56 am Link

Photographer

PYPI COMMERCIAL

Posts: 1353

San Francisco, California, US

IrisSwope wrote:
He's in the UK... It's legal there too.

I'm pretty sure America is more uptight about that than the UK but I don't want to speak about UK law without any knowledge of it.

Jul 15 08 04:07 am Link

Photographer

Stuart McAllister

Posts: 396

Hamilton, Scotland, United Kingdom

IrisSwope wrote:

PYPI COMMERCIAL wrote:
It's legal in the U.S. if there is no sexual component. But unless they are paying you a truckload of money and willing to sign a stack of paperwork covering your legal cost if any, I would personally skip it. Who needs the hassle regardless if you are on the right side of the law or not.

Morally, it's up to you.

He's in the UK... It's legal there too.

Morals are personal, if you don't want to do it, don't. Don't let other people tell you how to feel, or believe.

You guys are spot on, confirming my own thoughts.  Its not worth the hassle.

Jul 15 08 04:07 am Link

Jul 15 08 05:29 am Link

Model

Miss Anna Evans

Posts: 40233

Astoria, New York, US

Stuart McAllister wrote:

I always thought it was a place where you could ask advice from people in the industry who have come across certain situations, legal, moral or whatever.

Advice, yeah...but you have to keep in mind that nothing you can glean from this site will replace sound advice from a lawyer in the case of legal questions, or spiritual leader in the case of moral questions.

Jul 15 08 05:36 am Link

Photographer

Ken Pegg

Posts: 1858

Weymouth, England, United Kingdom

You are confusing different issues. The age of consent is indeed 16 in the UK, but it is consent to sexual intercourse!! Further the age barrier for entering into a legal contract is 18.
In the UK it is illegal to take 'indecent' photographs of anyone under the age of 18.
Nudity does not necessarily equate to indecency, indeed it is possible to take 'indecent' photographs of a clothed under 18.
The term 'inappropriate' is frequently used in conjunction with 'indecent' when referring to under 18's.

Jul 15 08 05:40 am Link

Photographer

Doug Lester

Posts: 10591

Atlanta, Georgia, US

I've absoluteloy no idea of what your laws are like, so I'll leave it to you to resolve that part of your question. However youjr comment, "... yet in my own mind something is bothering me about this." is meaningful to me. If you are uncomfortable with the idea of the shoot, decline it.  If you are bothered by it you will not be at your best during the shoot and your discomfort will show in the images.

Jul 15 08 12:18 pm Link

Photographer

Joe Wow Photos

Posts: 657

Dayton, Ohio, US

1) Ask a Laywer!!  Expert Testimony from another photographer won't take you far in court.
2) Even if it IS legal, don't mess with it if it's against your better judgement.

I'm in the US so I don't know what it's like for you in the UK, but there's NO WAY IN HELL I'd put my arse on the line for it.

P.S. what if the shoot goes well, but when the girl turns 18, she feels that you took advantage of her and presses charges Then?
Hope you are saving up your money for trial costs down the road.... 
JUST SAY NO!

Jul 15 08 12:22 pm Link

Photographer

AHargrove

Posts: 259

Alexandria, Virginia, US

It sounds like too much of a hassle.  I just wouldn't do it.

Jul 15 08 12:37 pm Link

Photographer

artistseeksmodels

Posts: 118

Mandan, North Dakota, US

I would stay far away........in words not even think about it....plenty of girls 18+ to shoot that create (no?) problems, this could turn into just one big problem.

Jul 15 08 12:41 pm Link

Photographer

Stuart McAllister

Posts: 396

Hamilton, Scotland, United Kingdom

Thanks to all who took time to have a look at the post.  I have spoke to both the client and her mum and they have accepted that it wont happen, understanding my concerns.

Again, thanks to you all.

Stuart

Jul 15 08 04:56 pm Link