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Forums > Photography Talk > Legal age to shoot nudes Search   Reply
123last
Photographer
Umar
Posts: 1,185
New York, New York, US


Does anyone know what is the legal age for a model to pose for nude shots?
Nov 05 08 08:13 pm  Link  Quote 
Photographer
Lost Viking
Posts: 1,326
Ashville, Ohio, US


Ask your county prosecutor. They will have an answer for your location.
Nov 05 08 08:16 pm  Link  Quote 
Photographer
The Drunken Beagle
Posts: 437
Saint Petersburg, Florida, US


Ümar wrote:
Does anyone know what is the legal age for a model to pose for nude shots?

Nude ultrasounds are taken routinely at -0.5 years. 

You aren't a doctor, so 18 years is a good guideline to stay out of prison.  And keep records.

Nov 05 08 08:16 pm  Link  Quote 
Photographer
Xeris - Dwight
Posts: 4,369
Austin, Texas, US


There seems to be a lot of contradictory advice given on this; and it may well vary from location to location.

My personal rule is the model MUST be 18 or older, period.
Nov 05 08 08:20 pm  Link  Quote 
Photographer
SunArcher Photography
Posts: 7,669
Washington, District of Columbia, US


Xeris - Dwight wrote:
There seems to be a lot of contradictory advice given on this; and it may well vary from location to location.

There is, and it does.

OP, when in doubt, ask the people who know the law. I'd seek qualified advice from legal counsel for a definitive answer.

$20 says that 90% of the posts in this thread will be personal opinions and will not answer the OP's question one bit.

/thread

Nov 05 08 08:22 pm  Link  Quote 
Photographer
Kevin Connery
Posts: 16,875
El Segundo, California, US


The Drunken Beagle wrote:
You aren't a doctor, so 18 years is a good guideline to stay out of prison.  And keep records.

Legal and wise are very different things in this situation. The OP asked about legality.

Depending on the specifics of the shoot and the location, it may be legal from age zero (or below smile) to age 999, or it may be illegal before age 18, or it may be illegal across-the-board.

There are few--if any--federal laws about  photographs containing nudity itself; there are many federal and local laws about photographs containing certain types of content.

In America today, this is an emotionally charged subject, which is why it's almost always unwise to do this, even when it's perfectly legal.

Other MM threads
Photography Talk > Need advice for underage shoot (Miley Cyrus/Vanity Fair-style)
General Industry > Minors shooting lignerie?
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General Industry > Photographing Nude Minors...... (5+ pages)
General Industry > Under-age models & "implied"
General Industry > Dilema..!! (Art nudes w/16 y/o model in UK)
General Industry > What state in the US is underage... (…nude images acceptable?)
General Industry > Shooting a 16 y/o nude, but covered sparsely?
Model Matters > Underage models. How sexy is too sexy?
Model Matters > Underage model nudity?
Model Matters > Underage models & glamour/pin-up/lingerie?
Model Matters > Minors working implide
Model Matters > Underage Lingerie Shooting
Model Matters > how young is to young?? (“…sexy pics done hand bras…”)
Model Matters > Underage sister posing nude for pro photogs! (8+ pages)
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Photography Talk > Another Question about Minors!!! (Semi-nude)
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Photography Talk > T Magazine & Paolo Roversi & Underage nudes

State Laws regarding Child Pornography or Nudity (USA)
State Child Pornography Statutes (PDF document)

Federal Laws regarding Child Pornography (USA)
All are part of Title 18 Part 1 Chapter 110 (Index)

Note that nudity is not automatically included, and that clothed images can be included.

2251. Sexual exploitation of children
§ 2252. Certain activities relating to material involving the sexual exploitation of minors
§ 2252A. Certain activities relating to material constituting or containing child pornography
§ 2256. Definitions for chapter
§ 2257. Record keeping requirements

Nov 05 08 08:23 pm  Link  Quote 
Model
Carerra Loren
Posts: 14
Lakeland, Florida, US


Would never do any nudes with anyone younger than 18. It is possible where you are that it is 21.
Better safe than being locked up and labeled a sexual predator.
Nov 05 08 08:24 pm  Link  Quote 
Photographer
StephenEastwood
Posts: 19,583
Great Neck, New York, US


nude any age, content determines legality.

Stephen Eastwood
http://www.StephenEastwood.com
Nov 05 08 08:25 pm  Link  Quote 
Photographer
Umar
Posts: 1,185
New York, New York, US


I failed to specify in the State of New York. When can a model be considered of legal age to pose nude without parental consent.

I am talking about artistic nudes not porn
Nov 05 08 08:26 pm  Link  Quote 
Photographer
SunArcher Photography
Posts: 7,669
Washington, District of Columbia, US


Ümar wrote:
I failed to specify in the State of New York. When can a model be considered of legal age to pose nude without parental consent.

This question is not the same question that you asked in the OP.

Your answer to this question is when the model is at the age where he/she can sign contracts on their own. "Without parental consent" can imply that nudity is now irrelevant. Again, it varies according to location. And it also is not the answer to the question in the OP.

Nov 05 08 08:28 pm  Link  Quote 
Photographer
JLC Images
Posts: 11,559
Phillipsburg, New Jersey, US


Its all about what they are doing while nude not that they are naked.
Nov 05 08 08:29 pm  Link  Quote 
Photographer
Doug Lester
Posts: 10,591
Atlanta, Georgia, US


Artistic nudes or not, under 18 you are risking a thermonuclear explosion in your life.  Laws are vague and differ by state, while opinions vary by the mood of the day of local prosecutors, police and judges.
Nov 05 08 08:29 pm  Link  Quote 
Photographer
StephenEastwood
Posts: 19,583
Great Neck, New York, US


Ümar wrote:
I failed to specify in the State of New York. When can a model be considered of legal age to pose nude without parental consent.

I am talking about artistic nudes not porn

the defintion or art nude vs porn is a very, very subjective one.  And I often think strangely about those who want to shoot underage girls or boys nude when there are so many of legal age willing.  hmm

Stephen Eastwood
http://www.StephenEastwood.com

Nov 05 08 08:30 pm  Link  Quote 
Photographer
F Stop Photography
Posts: 1,711
Boynton Beach, Florida, US


Ümar wrote:
I failed to specify in the State of New York. When can a model be considered of legal age to pose nude without parental consent.

I am talking about artistic nudes not porn

"Artistic" is in the eyes of the beholder. Ever see Maplethorpe's work? Be safe, make sure they're 18 with 2 forms of ID. Period. Much cheaper than bail and attorney's fees. regards! smile

Nov 05 08 08:31 pm  Link  Quote 
Photographer
Tammynize
Posts: 317
Sacramento, California, US


Ümar wrote:
Does anyone know what is the legal age for a model to pose for nude shots?

Well of course 18

Nov 05 08 08:32 pm  Link  Quote 
Photographer
c_d_s
Posts: 7,771
Lubbock, Texas, US


SunArcher Photography wrote:
$20 says that 90% of the posts in this thread will be personal opinions and will not answer the OP's question one bit.

I guess this post is the other 10%, because here is the correct answer the OP's question.

The question: "Does anyone know what is the legal age for a model to pose for nude shots?"

The answer: "No."

Nov 05 08 08:33 pm  Link  Quote 
Photographer
J Vida
Posts: 4,059
Toledo, Ohio, US


Come on guys lets be nicer please? He's asking a question. Hmm..well normally the legal age to pose nude is 18. But since you did specify that you're talking about in the state of New York and that it was for artistic nudes and not porn that changes everything. Let me look here...um...oh wait THE LEGAL AGE TO POSE NUDE IS STILL 18. huh, imagine that. Its almost like the age is the same everywhere in the USA or something...


LMAO!!
Nov 05 08 08:34 pm  Link  Quote 
Photographer
StephenEastwood
Posts: 19,583
Great Neck, New York, US


Jose G Photo wrote:
Come on guys lets be nicer please? He's asking a question. Hmm..well normally the legal age to pose nude is 18. But since you did specify that you're talking about in the state of New York and that it was for artistic nudes and not porn that changes everything. Let me look here...um...oh wait THE LEGAL AGE TO POSE NUDE IS STILL 18. huh, imagine that. Its almost like the age is the same everywhere in the USA or something...


LMAO!!

can you point out that law on the books?


Stephen Eastwood
http://www.StephenEastwood.com

Nov 05 08 08:35 pm  Link  Quote 
Photographer
JLC Images
Posts: 11,559
Phillipsburg, New Jersey, US


Jose G Photo wrote:
Come on guys lets be nicer please? He's asking a question. Hmm..well normally the legal age to pose nude is 18. But since you did specify that you're talking about in the state of New York and that it was for artistic nudes and not porn that changes everything. Let me look here...um...oh wait THE LEGAL AGE TO POSE NUDE IS STILL 18. huh, imagine that. Its almost like the age is the same everywhere in the USA or something...


LMAO!!

I can finally turn my mother in to the police for taking naked baby pictures of me to show future girlfriends.  I can also finally shut down all the nude beaches with this new information.

Nov 05 08 08:38 pm  Link  Quote 
Photographer
J Vida
Posts: 4,059
Toledo, Ohio, US


StephenEastwood wrote:

can you point out that law on the books?


Stephen Eastwood
http://www.StephenEastwood.com

Hmm, good point stephen. I can see what you're saying. Why keep your nose clean and stick to your moral compass when you can throw it all out the window and shoot an underage model nude (despite there being soooo many of legal age willing to do).

I take my statement back. Go with stephen and bend the boarders till they brake. ^_^

Nov 05 08 08:38 pm  Link  Quote 
Photographer
c_d_s
Posts: 7,771
Lubbock, Texas, US


StephenEastwood wrote:

can you point out that law on the books?


Stephen Eastwood
http://www.StephenEastwood.com

The answer: "No."

Nov 05 08 08:39 pm  Link  Quote 
Photographer
Daniel Austin Photo
Posts: 60
Williamsport, Pennsylvania, US


Doug Lester wrote:
Artistic nudes or not, under 18 you are risking a thermonuclear explosion in your life.  Laws are vague and differ by state, while opinions vary by the mood of the day of local prosecutors, police and judges.

I like this one best and just for the record and in my own opinion 18 is my own limit for nudes.

Nov 05 08 08:39 pm  Link  Quote 
Photographer
ACPhotography
Posts: 8,622
Plainview, New York, US


The legal age of consent in NY is 17, that being said I still don't think I'd shoot someone under the age of 18 nude. I don't like shooting minors period...
Nov 05 08 08:40 pm  Link  Quote 
Photographer
F Stop Photography
Posts: 1,711
Boynton Beach, Florida, US


Ever hear of Traci Lords, folks? Started doing adult porn at 14. Retired at 19. Worked with fake poof AND her step dad's consent. ALL her vids from 14 until the day she turned 18 are legally kiddie porn.....and believe there are a ton of those vids still floating around out there.
Nov 05 08 08:40 pm  Link  Quote 
Photographer
J Vida
Posts: 4,059
Toledo, Ohio, US


All I'm saying is why risk any potential problems? Is this model really sooooo amazing to risk such a huge potential melee of issues?
Nov 05 08 08:41 pm  Link  Quote 
Photographer
John Felici
Posts: 609
Pascoag, Rhode Island, US


you can shoot nudes at any age...but according to 2257
lacivious display of genitals requires proof of age...
Do you want the court to decide if your shot is lacivious or not?
yikes)
So technically you could shoot implied nudes at any age...
show the cookie and you need proof of age...
Myself.?? I dont shoot anyone under the age of 18..I dont need the hassle
Nov 05 08 08:41 pm  Link  Quote 
Photographer
JLC Images
Posts: 11,559
Phillipsburg, New Jersey, US


Jose G Photo wrote:
Hmm, good point stephen. I can see what you're saying. Why keep your nose clean and stick to your moral compass when you can throw it all out the window and shoot an underage model nude (despite there being soooo many of legal age willing to do).

Not every naked picture needs to be of a sexual nature.  I have seen some beautiful images of whole families nude.

Nov 05 08 08:41 pm  Link  Quote 
Photographer
StephenEastwood
Posts: 19,583
Great Neck, New York, US


Jose G Photo wrote:

Hmm, good point stephen. I can see what you're saying. Why keep your nose clean and stick to your moral compass when you can throw it all out the window and shoot an underage model nude (despite there being soooo many of legal age willing to do).

I take my statement back. Go with stephen and bend the boarders till they brake. ^_^

well, I am all for doing whats right, but stating a wrong answer to a question is well, wrong.  Wrong information leads to foolish people telling others wrong information and it keeps growing and fills the ineternet with all the wrong info, instead, teach people 1) the correct information and 2) how to find correct information. 

That way, if they think the law needs to be changed or added too, they may take action.  Otherwise, they go about life not knowing that the law is what it is, mainly becuase of ignorance of it. 

Stephen Eastwood
http://www.StephenEastwood.com

Nov 05 08 08:42 pm  Link  Quote 
Photographer
Umar
Posts: 1,185
New York, New York, US


Thanks to all those who tried to give a serious answer. To the clowns keep talking smile
Nov 05 08 08:43 pm  Link  Quote 
Photographer
StephenEastwood
Posts: 19,583
Great Neck, New York, US


ACPhotography wrote:
The legal age of consent in NY is 17, that being said I still don't think I'd shoot someone under the age of 18 nude. I don't like shooting minors period...

consent to what?

where do people come up with this stuff?  despite what the media wants people to think, education is a good thing.  Kevin provided some great links above, read through them, I know its not as much fun as making up stuff on the internet, but it could be quite interesting overall.

Stephen Eastwood
http://www.StephenEastwood.com

Nov 05 08 08:43 pm  Link  Quote 
Photographer
B R U N E S C I
Posts: 25,319
Bath, England, United Kingdom


Jose G Photo wrote:
All I'm saying is why risk any potential problems? Is this model really sooooo amazing to risk such a huge potential melee of issues?

QFT. Just use a model over 18 and you have no legal problems to worry about.

Just my $0.02

Ciao
Stefano

Nov 05 08 08:44 pm  Link  Quote 
Photographer
Umar
Posts: 1,185
New York, New York, US


Stefano Brunesci wrote:

QFT. Just use a model over 18 and you have no legal problems to worry about.

Just my $0.02

Ciao
Stefano

Thank you Stefano appreciate your straightforward to the point answer. I was under the impression that the model has to be 21 but thank yáll for the clarification.

Nov 05 08 08:46 pm  Link  Quote 
Photographer
Long Island Studios
Posts: 4,161
Sayville, New York, US


ACPhotography wrote:
The legal age of consent in NY is 17, that being said I still don't think I'd shoot someone under the age of 18 nude. I don't like shooting minors period...

Why quote the age for sex?

Nov 05 08 08:47 pm  Link  Quote 
Photographer
ACPhotography
Posts: 8,622
Plainview, New York, US


NYC  Studios wrote:

Why quote the age for sex?

Because in the right judges hands any photo can become of sexual nature... You can debate the ages back and forth, the best thing to do is search case law to see if any one has been prosecuted for photographing a minor nude (with or without parental consent) and what the outcome of the case was...

Nov 05 08 08:51 pm  Link  Quote 
Photographer
ACPhotography
Posts: 8,622
Plainview, New York, US


StephenEastwood wrote:

consent to what?

where do people come up with this stuff?  despite what the media wants people to think, education is a good thing.  Kevin provided some great links above, read through them, I know its not as much fun as making up stuff on the internet, but it could be quite interesting overall.

Stephen Eastwood
http://www.StephenEastwood.com

Steven, I'm a retired NY cop and I can tell you that if a parent makes a complaint you are going to get locked up... There is no gray area here... You may be innocent, but do you want to go through the humiliation and the lawyer fees?

Nov 05 08 08:54 pm  Link  Quote 
Photographer
Long Island Studios
Posts: 4,161
Sayville, New York, US


ACPhotography wrote:

Steven, I'm a retired NY cop and I can tell you that if a parent makes a complaint you are going to get locked up... There is no gray area here... You may be innocent, but do you want to go through the humiliation and the lawyer fees?

So what bullies do makes the law?

Nov 05 08 08:56 pm  Link  Quote 
Photographer
ACPhotography
Posts: 8,622
Plainview, New York, US


NYC  Studios wrote:

So what bullies do makes the law?

What bullies?

Nov 05 08 08:58 pm  Link  Quote 
Photographer
Long Island Studios
Posts: 4,161
Sayville, New York, US


ACPhotography wrote:

Because in the right judges hands any photo can become of sexual nature... You can debate the ages back and forth, the best thing to do is search case law to see if any one has been prosecuted for photographing a minor nude (with or without parental consent) and what the outcome of the case was...

...you can have sex with a 17 year old, ok. That does not mean you can photograph them.

Nov 05 08 08:58 pm  Link  Quote 
Photographer
Long Island Studios
Posts: 4,161
Sayville, New York, US


ACPhotography wrote:

What bullies?

It is not against the law but you get arrested? That is bully B.S. making the law.

Nov 05 08 08:59 pm  Link  Quote 
Photographer
Blue Ash Film Group
Posts: 9,501
Cincinnati, Ohio, US


Jose G Photo wrote:
All I'm saying is why risk any potential problems? Is this model really sooooo amazing to risk such a huge potential melee of issues?

That's not what you wrote; you wrote about the "legal" age.

Nov 05 08 08:59 pm  Link  Quote 
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