This thread was locked on 2008-10-12 15:23:03
Forums > General Industry > Shooting a 16 y/o nude, but covered sparsely?

Photographer

Visions by Dan

Posts: 928

Bullard, Texas, US

Shiggily Weebonk McGee wrote:

it is wisdom to seek advice from people qualified to give it. Not for posting poorly worded threads on google search happy websites that make you look like a pedophile.

That is foolish

QFT

Oct 12 08 11:33 am Link

Clothing Designer

nothing

Posts: 9229

Okinawa, Okinawa, Japan

rp_photo wrote:

Shiggily Weebonk McGee wrote:
lolz I fixed your quote

A nerd in a time with few toys:

http://www.richardsfault.com/pre-pc%20geek/

lolz

Oct 12 08 11:33 am Link

Photographer

Beck Photography

Posts: 220

Milwaukee, Wisconsin, US

well if nothing else I now know that Miley Cyrus is a whore.  Does Disney know?

Oct 12 08 11:35 am Link

Clothing Designer

nothing

Posts: 9229

Okinawa, Okinawa, Japan

Beck Photography wrote:
well if nothing else I now know that Miley Cyrus is a whore.  Does Disney know?

yes, but as long as she lays the golden eggs they don't care.

Oct 12 08 11:37 am Link

Model

Frances Jewel

Posts: 9149

Dayton, Ohio, US

Elizabeth Claret wrote:

FINALLY! Jesus, I thought I was the only one, and I'm like (sigh).

Nope! I have all his movies, I even have Vulgar! smile

All every woman really wants, be it mother, senator, nun, is some serious deep-dickin'.
Jason Lee is my secret lover :wink:
https://i44.photobucket.com/albums/f46/mariellenking/myID.jpg

Oct 12 08 11:37 am Link

Model

StephCarolynDoll

Posts: 19

London, England, United Kingdom

Scary-Ellen wrote:

Nope! I have all his movies, I even have Vulgar! smile

All every woman really wants, be it mother, senator, nun, is some serious deep-dickin'.
Jason Lee is my secret lover :wink:
https://i44.photobucket.com/albums/f46/mariellenking/myID.jpg

hahahaa

Oct 12 08 11:38 am Link

Model

Frances Jewel

Posts: 9149

Dayton, Ohio, US

Shiggily Weebonk McGee wrote:

yes, but as long as she lays the golden eggs they don't care.

or until she turns 21....then it's "don't let the door hit ya......."

Oct 12 08 11:38 am Link

Photographer

Beck Photography

Posts: 220

Milwaukee, Wisconsin, US

rp_photo wrote:

Shiggily Weebonk McGee wrote:
lolz I fixed your quote

A nerd in a time with few toys:

http://www.richardsfault.com/pre-pc%20geek/

What!?  No 8-track?

Oct 12 08 11:39 am Link

Clothing Designer

nothing

Posts: 9229

Okinawa, Okinawa, Japan

the OP should do the shoot and then we can have a post-shoot "raped of mind and body" trainwreck party....

Oct 12 08 11:41 am Link

Photographer

Rp-photo

Posts: 42711

Houston, Texas, US

Beck Photography wrote:

What!?  No 8-track?

I realized 8-track was da crap even back then, and used only cassette and a little open reel.

Oct 12 08 11:43 am Link

Photographer

Son Appareil

Posts: 307

San Diego, California, US

How many ways can one say
"Illegal, Poor Judgement, Insane, Totally Unprofessional ?

I don't care in Mother and Mather are present, that you video tape the entire shoot and have the parents sign the tape, and have 20 church-going witnesses watching.

People get arrested and convicted for much less than this. Beyond that hard reality, what are you thinking. Sensual Images of a barely clad minor female with Mom's consent? What kind of "Mom" are you dealing with ? Is she also her daughter's pimp ?

Come on.

If you even have to ask the question, perhaps the authorities should seperate you from your cameras NOW.

Oct 12 08 11:46 am Link

Photographer

Michiana Images

Posts: 188

Elkhart, Indiana, US

HMMM..to the OP you have yourself listed as 39 years old in your my space and on your port you have a 16 year old model that you left a comment to her about her amazing bod.  I see a televised visit between you and Chris Hannson in your future.  Not to mention your choice of wording to describe this model ..... say no to the shoot and call someone for help.

Oct 12 08 11:47 am Link

Model

Crystelle Maree

Posts: 393

Colorado Springs, Colorado, US

Is her name Hannah Montana??

LMAO...sorry couldn't resist!!

Oct 12 08 11:47 am Link

Photographer

c_d_s

Posts: 7771

Lubbock, Texas, US

Becca Synthetic wrote:

Yes lol Why the HELL does a 16 year old need to look sexy?

Propagation of the species comes to mind.

Oct 12 08 11:49 am Link

Clothing Designer

nothing

Posts: 9229

Okinawa, Okinawa, Japan

c_d_s wrote:

Propagation of the species comes to mind.

considering the populations growth rate. not really necessary.

Oct 12 08 11:52 am Link

Photographer

Rp-photo

Posts: 42711

Houston, Texas, US

Crystal CVT wrote:
Is her name Hannah Montana??

LMAO...sorry couldn't resist!!

Don't break my heart, my achy-breaky heart.

Oct 12 08 11:54 am Link

Model

Abcdefghijk

Posts: 67

London, England, United Kingdom

Elizabeth Claret wrote:

Yes, you do have a mightier than thou attitude about it, which is fairly unnecessary. Losing your virginty at a different age does not make you any better or less of a person than anyone else.

I completly agree

Oct 12 08 12:29 pm Link

Photographer

Emeritus

Posts: 22000

Las Vegas, Nevada, US

Shane Irwin  wrote:
Is this remotely illegal? (I'm in Nashville,TN)

I never cease to marvel at this place.

Here we are, five pages into the discussion, and not a single person has thought to look up and discuss what the actual law is.  Does it occur to anyone that it matters what the actual law is?

39-17-1002. Part definitions. —
The following definitions apply in §§ 39-17-1002 — 39-17-1007, unless the context otherwise requires:
     (1)  “Community” means the judicial district, as defined by § 16-2-506, in which a violation is alleged to have occurred;
     (2)  “Material” means:
           (A)  Any picture, drawing, photograph, undeveloped film or film negative, motion picture film, videocassette tape or other pictorial representation;
           (B)  Any statue, figure, theatrical production or electrical reproduction;
           (C)  Any image stored on a computer hard drive, a computer disk of any type, or any other medium designed to store information for later retrieval; or
           (D)  Any image transmitted to a computer or other electronic media or video screen, by telephone line, cable, satellite transmission, or other method that is capable of further transmission, manipulation, storage or accessing, even if not stored or saved at the time of transmission;
     (3)  “Minor” means any person who has not reached eighteen (18) years of age;
     (4)  “Patently offensive” means that which goes substantially beyond customary limits of candor in describing or representing such matters;
     (5)  “Performance” means any play, motion picture, photograph, dance, or other visual representation that can be exhibited before an audience of one (1) or more persons;
     (6)  “Promote” means to finance, produce, direct, manufacture, issue, publish, exhibit or advertise, or to offer or agree to do those things;
     (7)  “Prurient interest” means a shameful or morbid interest in sex; and
     (8)  “Sexual activity” means any of the following acts:
           (A)  Vaginal, anal or oral intercourse, whether done with another person or an animal;
           (B)  Masturbation, whether done alone or with another human or an animal;
           (C)  Patently offensive, as determined by contemporary community standards, physical contact with or touching of a person's clothed or unclothed genitals, pubic area, buttocks or breasts in an act of apparent sexual stimulation or sexual abuse;
           (D)  Sadomasochistic abuse, including flagellation, torture, physical restraint, domination or subordination by or upon a person for the purpose of sexual gratification of any person;
           (E)  The insertion of any part of a person's body or of any object into another person's anus or vagina, except when done as part of a recognized medical procedure by a licensed professional;
           (F)  Patently offensive, as determined by contemporary community standards, conduct, representations, depictions or descriptions of excretory functions; or
           (G)  Lascivious exhibition of the female breast or the genitals, buttocks, anus or pubic or rectal area of any person.

Tenn. Code Ann. § 39-17-1003. Offense of sexual exploitation of a minor
(a) It is unlawful for any person to knowingly possess material that includes a minor engaged in:
(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.
(b) A person possessing material that violates subsection (a) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials possessed is greater than fifty (50), the person may be charged in a single count to enhance the class of offense under subsection (d).
(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly possessed the material, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(d) A violation of this section is a Class D felony; however, if the number of individual images, materials, or combination of images and materials, that are possessed is more than fifty (50), then the offense shall be a Class C felony. If the number of individual images, materials, or combination of images and materials, exceeds one hundred (100), the offense shall be a Class B felony.
(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
Tenn. Code Ann. § 39-17-1004. Offense of aggravated sexual exploitation of a minor
(a) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material, or possess with the intent to promote, sell, distribute, transport, purchase or exchange material, that includes a minor engaged in:
(A) Sexual activity; or
(B) Simulated sexual activity that is patently offensive.
(2) A person who violates subdivision (a)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (a)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (a)(4).
(3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials, that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.
(b) (1) It is unlawful for a person to knowingly promote, sell, distribute, transport, purchase or exchange material that is obscene, as defined in § 39-17-901(10), or possess material that is obscene, with the intent to promote, sell, distribute, transport, purchase or exchange such material, which includes a minor engaged in:
(A) Sexual activity; or
(B) Simulated sexual activity that is patently offensive.
(2) A person who violates subdivision (b)(1) may be charged in a separate count for each individual image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation. Where the number of materials involved in a violation under subdivision (b)(1) is greater than twenty-five (25), the person may be charged in a single count to enhance the class of offense under subdivision (b)(4).
(3) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, sold, distributed, transported, purchased, exchanged or possessed the material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(4) A violation of this section is a Class C felony; however, if the number of individual images, materials, or combination of images and materials, that are promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, is more than twenty-five (25), then the offense shall be a Class B felony.
(c) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
(d) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where such person promoted, sold, distributed, transported, purchased, exchanged or possessed, with intent to promote, sell, distribute, transport, purchase or exchange, material within this state.
Tenn. Code Ann. § 39-17-1005. Especially aggravated sexual exploitation
(a) It is unlawful for a person to knowingly promote, employ, use, assist, transport or permit a minor to participate in the performance of, or in the production of, acts or material that includes the minor engaging in:
(1) Sexual activity; or
(2) Simulated sexual activity that is patently offensive.
(b) A person violating subsection (a) may be charged in a separate count for each individual performance, image, picture, drawing, photograph, motion picture film, videocassette tape, or other pictorial representation.
(c) In a prosecution under this section, the trier of fact may consider the title, text, visual representation, Internet history, physical development of the person depicted, expert medical testimony, expert computer forensic testimony, and any other relevant evidence, in determining whether a person knowingly promoted, employed, used, assisted, transported or permitted a minor to participate in the performance of or in the production of acts or material for these purposes, or in determining whether the material or image otherwise represents or depicts that a participant is a minor.
(d) A violation of this section is a Class B felony. Nothing in this section shall be construed as limiting prosecution for any other sexual offense under this chapter, nor shall a joint conviction under this section and any other related sexual offense, even if arising out of the same conduct, be construed as limiting any applicable punishment, including consecutive sentencing under § 40-35-115, or the enhancement of sentence under § 40-35-114.
(e) In a prosecution under this section, the state is not required to prove the actual identity or age of the minor.
(f) A person is subject to prosecution in this state under this section for any conduct that originates in this state, or for any conduct that originates by a person located outside this state, where such person promoted, employed, assisted, transported or permitted a minor to engage in the performance of, or production of, acts or material within this state.

Oct 12 08 12:34 pm Link

Photographer

JJAG Photography

Posts: 588

Sheridan, Wyoming, US

TheEighthSin wrote:

wtf!

whore? lol just cus she wants to pose nude at 16.. lol how close minded you are

Whore?!? I think society has done damage on people. First of I understand that once a person hits 18 they're legally an adult. But how dose 18 make you any different than 16? I had the same mind set as 18 as 16. You look back at the 1800 and what not and a 14 year old could get married, without her parents hearsay, and they had less divorce than we do.

Just because someone gets naked, wants to get naked, or enjoys being naked, doesn't make it sexual. Society has told people that if you get nude you are doing something sexual and should be saved for the bedroom, or when you hit 18. But I feel sorry for all you closed minded people who turn nudity into something sexual and can't look at a girl nude without thinking sex.

Woman and men have beautiful bodies, and they don't always have to be sexual. They can be enjoyed without dirty thoughts.

Oct 12 08 12:45 pm Link

Photographer

Rp-photo

Posts: 42711

Houston, Texas, US

Jordans Pentax photos wrote:
Woman and men have beautiful bodies, and they don't always have to be sexual. They can be enjoyed without dirty thoughts.

Maybe in Europe and select enlightened areas of the US.

Oct 12 08 12:48 pm Link

Model

Elizabeth Claret

Posts: 56038

Yelm, Washington, US

Jordans Pentax photos wrote:
Woman and men have beautiful bodies, and they don't always have to be sexual. They can be enjoyed without dirty thoughts.

Yes they can. However using phrases like "hottie model" "girl is definately not a virgin" sort of implies that it's not really about the art.

Oct 12 08 12:49 pm Link

Photographer

JJAG Photography

Posts: 588

Sheridan, Wyoming, US

rp_photo wrote:

Maybe in Europe and select enlightened areas of the US.

I think society has done it's impact on the world and very few can look at nudity without it being sexual

Oct 12 08 12:51 pm Link

Photographer

JJAG Photography

Posts: 588

Sheridan, Wyoming, US

Elizabeth Claret wrote:

Yes they can. However using phrases like "hottie model" "girl is definately not a virgin" sort of implies that it's not really about the art.

That opened my eyes when he said that. It sounds like his pictures might be more sexual than he thinks.

But when I said what I did. I am thinking about the people who turn nudity into sex. I think it is highly wrong

Oct 12 08 12:52 pm Link

Photographer

DES1208

Posts: 555

Valencia, California, US

if the shoot had occured.. the photographer at least in my eyes would be a pedophile and the mother certainly an enabler and in the eyes of the law also a pedophile.
it sounds like this is one family that needs an intervention by child protection services.

I find it amazingly disgusting:
a. that any photographer would consider doing the shoot
b. post a thread basically outing himself as a potential pedophile or at the least morally bankrupt
c. the number of posts regarding similar situations.

Oct 12 08 12:59 pm Link

Photographer

Emeritus

Posts: 22000

Las Vegas, Nevada, US

DES1208 wrote:
if the shoot had occured.. the photographer at least in my eyes would be a pedophile and the mother certainly an enabler and in the eyes of the law also a pedophile.

What law?

I just hate it when people make up "the law" and try to get others to believe it.

Oct 12 08 01:10 pm Link

Photographer

BritWoollardPhotography

Posts: 771

Chicago, Illinois, US

I would completely walk away from that situation. Nope.

Oct 12 08 01:13 pm Link

Photographer

c_d_s

Posts: 7771

Lubbock, Texas, US

DES1208 wrote:
if the shoot had occured.. the photographer at least in my eyes would be a pedophile and the mother certainly an enabler and in the eyes of the law also a pedophile.

Did he not say that she was 16 and well-built? You need to look up the definition of pedophile.

Oct 12 08 01:14 pm Link

Model

Frances Jewel

Posts: 9149

Dayton, Ohio, US

The way he kept describing her makes me think he would possibly think about blurring the lines a bit. I just can't see an adult describing a child this way. Heebie jeebies all the way.

Oct 12 08 01:17 pm Link

Photographer

Doug Lester

Posts: 10591

Atlanta, Georgia, US

Just one short comment, then the OP should do as he chooses. Ever seen one of those antique world maps from the 14 and 15 hundreds? Those maps which show the world's oceans with comments in unexplored, unknown regions, marked "Dragons be here".

Oct 12 08 01:17 pm Link

Photographer

Real World Images

Posts: 702

Colorado Springs, Colorado, US

TXPhotog wrote:

I never cease to marvel at this place.

Here we are, five pages into the discussion, and not a single person has thought to look up and discuss what the actual law is.  Does it occur to anyone that it matters what the actual law is?

Ah, There goes TX showing off his fancy book reading skills.  It never ceases to amaze me that you think people actually want to know the legal answer. It is nowhere near as fun as this discussion.

Oct 12 08 01:22 pm Link

Photographer

Brian T Rickey

Posts: 4008

Saint Louis, Missouri, US

This is a fricken train wreck that has not been locked for some reason.  When I read the OP and saw him describe a 16 year old girl as a 'hottie', well, that just said it all. 
WTF?

Oct 12 08 01:26 pm Link

Photographer

Emeritus

Posts: 22000

Las Vegas, Nevada, US

Allen Underwood  wrote:
Ah, There goes TX showing off his fancy book reading skills.  It never ceases to amaze me that you think people actually want to know the legal answer. It is nowhere near as fun as this discussion.

I don't have any illusion that people here actually want to know the answer.  Been here too long to believe that.  But every once in a while, a little exposure to truth is good for the soul.

Oct 12 08 01:28 pm Link

Model

Fifi

Posts: 58134

Gainesville, Florida, US

Becca Synthetic wrote:
Ew. She's probably gonna regret doing it later unless she a major whore already.

neutral

Really? That's what you're gonna go with? Really?

Oct 12 08 01:30 pm Link

Photographer

Real World Images

Posts: 702

Colorado Springs, Colorado, US

TXPhotog wrote:

I don't have any illusion that people here actually want to know the answer.  Been here too long to believe that.  But every once in a while, a little exposure to truth is good for the soul.

I just figured you were a gluten for punishment.  wink

Oct 12 08 01:33 pm Link

Model

Maria Cedar

Posts: 211

Salt Lake City, Utah, US

There are many minors in our society that have bodies that are very mature but mentally, they are still children.  Regardless of the age, my daughter is thirteen but has friends that look like they are in their 20s.  She, thank goodness does not.

But my point is two years can make all the differences.  Do yourself a huge favor and stick with your decision and wait until she is 18.  Also, make sure she has valid ID though, one can never be too careful.

Oct 12 08 01:39 pm Link

Model

Elizabeth Claret

Posts: 56038

Yelm, Washington, US

Brian T Rickey wrote:
This is a fricken train wreck that has not been locked for some reason.  When I read the OP and saw him describe a 16 year old girl as a 'hottie', well, that just said it all. 
WTF?

What amuses me is he's still not been brigged for calling Shiggy an idiot.

Oct 12 08 01:40 pm Link

Photographer

SensualArt

Posts: 772

Aldershot, England, United Kingdom

Allen Underwood  wrote:
I just figured you were a gluten for punishment.  wink

What about those of us who are gluten-intolerant? ;p

Oct 12 08 01:46 pm Link

Photographer

Real World Images

Posts: 702

Colorado Springs, Colorado, US

RickMartin wrote:

What about those of us who are gluten-intolerant? ;p

lol

Oct 12 08 01:49 pm Link

Photographer

Stereoblind

Posts: 663

Vancouver, Washington, US

JLC Images wrote:
Unless you are a teenager yourself surely there is a better way to describe her that would seem more professional.  While shooting may not be illegal if you already have this attitude it might lead you somewhere bad.

Since the OP has already declined the shoot, the question is academic, not indicative of his (or her) libido I'm guessing.

As others have already said, if you have to ask - you know the answer. It's difficult to see many playful implied nudes (such as candy over the bits*) as innocent or appropriate for someone under the legal age for nude photography. To me it would be like shooting a 16 year old in panties with a lollipop in the front. Not even implied nude - just the wrong theme for a young woman in polite society.

While it's a shame that sexual repression is rampant in the USA, the fact that it is forces us to acknowledge the society of the model involved and respect that even though one might have the best intentions (including the mother of said 16 year old).

If the model were black, covered in grub worms and taken overseas we'd call it a "Documentary".

Or if she didn't fit the description of "hottie" the focus would be less on legalities and more on the photographers taste in models (most likely).

I think the OP made the right decision. I've had to turn down underage models because they wanted sexy pictures. Not because they didn't deserve them, or anyone disapproved, or they didn't already have some. Just because it's not age appropriate - even if they're all doing it everywhere else.

Of course what really drove this point home was when I was trying some with a 15 year old (fully clothed, just catalog stuff) and I said (out of habit) - "let's see a Coy look" and she scrunched up her face and said, "You want me to look like a fish??"

lol, it was time to be done

Oct 12 08 01:56 pm Link

Photographer

Stereoblind

Posts: 663

Vancouver, Washington, US

Brian T Rickey wrote:
This is a fricken train wreck that has not been locked for some reason.  When I read the OP and saw him describe a 16 year old girl as a 'hottie', well, that just said it all. 
WTF?

It's easier to refer to "the 16yr old hottie" and get my point across than "young lady who by industry standards fits the description of an attractive person as well as clearly exuding a mix of sexiness and youth akin to Brittney Spears in her early years as a pop singer or similar, not yet 18 by two years, model". smile

C'mon!

NOTE: Not picking on Brian here, there were too many quotes all saying the same thing to respond to. Brian's was just the last. smile Don't hate me, Brian!

Oct 12 08 01:59 pm Link