This thread was locked on 2009-10-04 19:53:15
Forums > Photography Talk > topless/16 yr old

Photographer

Digital Vinyl

Posts: 1174

Sydney, New South Wales, Australia

Russh Magazine and Zippora Seven anyone?

Oct 03 09 03:18 am Link

Photographer

Rp-photo

Posts: 42711

Houston, Texas, US

JP PHOTOGRAPHY OF CT wrote:
we have all see brooke shieilds naked at 10, and there are the sally mann shots of her kids naked and david hamilton photos. What are your thoughts of phtographing a 16yr old possible toplless ...nothing porn...nothing sexual

what are the toughts

Unless you have Sally Mann's or David Hamilton's clout, don't consider it.

Oct 03 09 04:43 am Link

Photographer

Elena V

Posts: 486

Sydney, New South Wales, Australia

Topless but not sexual... mmm... is it achievable? Domestic nudes? smile
Photographing nude models under 18 is dangerous... for your reputation.
Have you heard about  australian photographer Bill Henson?

Oct 03 09 05:07 am Link

Photographer

Paul Bryson Photography

Posts: 48041

Hollywood, Florida, US

JP PHOTOGRAPHY OF CT wrote:
we have all see brooke shieilds naked at 10, and there are the sally mann shots of her kids naked and david hamilton photos. What are your thoughts of phtographing a 16yr old possible toplless ...nothing porn...nothing sexual

what are the toughts

I think you're trying to brag about finding a loophole that allows you to look at 16yo boobies without getting in trouble.

Hey, you asked my thoughts. wink

Oct 03 09 05:12 am Link

Photographer

John Wirick

Posts: 62

Easton, Pennsylvania, US

I'd much rather be shooting someone in their 30s or 40s.

If nothing else, you'd have interesting things to talk about during the shoot.

Oct 03 09 05:30 am Link

Photographer

mampam

Posts: 1

Kafr Abīl, Irbid, Jordan

The point, surely, is that those laws exist to protect children from potential exploitation. Therefore they should be sacrosanct.
I hope I'm not the only person who finds this thread slightly creepy.

Oct 03 09 05:33 am Link

Photographer

Rp-photo

Posts: 42711

Houston, Texas, US

I'd rather see photographers pushing the legal envelope asserting their rights to shoot unencumbered on public land than doing things like this.

Oct 03 09 05:42 am Link

Photographer

Fashion Photographer

Posts: 14388

London, England, United Kingdom

It looks to me that the girls who you photograph aren't professional models, but rather random pretty girls who aren't going to make a career out of modelling. With this in mind, I think that you ought to refrain from shooting these images with young girls, completely irrespective of any considerations of legality and negative publicity.

Young people haven't formulated their career plans yet. Young people can't adequately assess risks and benefits. Young people aren't sufficiently attuned to what is acceptable and unacceptable in society. By shooting and publishing these images, you may be seriously foreclosing the girl's options in life. The consequences for her may be serious, and she isn't in a position whereby the can make a proper decision about whether to accept those consequences. It's possible that you would simply be exploiting her naivete in order to create images which she will later regret. If you were to do this, I would regard you as having acted immorally.

In case that doesn't matter to you, think of this - if I found that one of my employees was shooting topless images of 16 year old girls, I would fire them.

Oct 03 09 05:57 am Link

Photographer

Chris Hart

Posts: 347

Liverpool, England, United Kingdom

It's simply not worth the potential aggravation, plus the pictures also have the potential to fall into the hands of people who would want them for the purposes of self gratification (you can substitute various phrases for that) no matter reasons or justification there was for the original shoot. If it all does blow up in your face then some of the 'mud' will stick no matter how exonerated (or not) you are in the end, that's not the sort of stigma I'd want to open my reputation up to.

Oct 03 09 06:05 am Link

Photographer

Richard Tallent

Posts: 7136

Beaumont, Texas, US

Legally:

18 USC 2256/2257/2257a does not cover breasts at all, other than in a prohibition against  computer-rendered lascivious simulated sexual intercourse.

Realistically:

The public that watches your 10 o'clock news doesn't know or care about the law, but they sure as hell know what they'll think of a photographer shooting a topless 16-year-old.

Oct 03 09 06:15 am Link

Photographer

Rp-photo

Posts: 42711

Houston, Texas, US

Davepit wrote:
Young people haven't formulated their career plans yet. Young people can't adequately assess risks and benefits. Young people aren't sufficiently attuned to what is acceptable and unacceptable in society. By shooting and publishing these images, you may be seriously foreclosing the girl's options in life. The consequences for her may be serious, and she isn't in a position whereby the can make a proper decision about whether to accept those consequences. It's possible that you would simply be exploiting her naivete in order to create images which she will later regret. If you were to do this, I would regard you as having acted immorally.

Good advice that can apply quite a bit beyond the age of consent.

Oct 03 09 06:21 am Link

Photographer

Digiography

Posts: 3367

Niagara Falls, Ontario, Canada

Let's see...

"60 year old man shoots local 16 year old girl topless"... "see the full story at 6pm on Eyewitness News"...

Yeah, has a nice ring to it.... go for it, let us know how it turns out.

Might be legal, I don't know, I don't live in the States and I'm not a lawyer... might also be a real can of worms not worth pursuing. 

Hell there is probably no law that says you can't shove your ass in a wood chipper, but I still wouldn't recommend doing it.

Oct 03 09 06:27 am Link

Photographer

Kings Media Photos

Posts: 1939

Victorville, California, US

heeeeeeere we go again...

Well I  am all for it. If there is no sexual exploitation than why not? I mean it is after legal, a very fine line, but still legal none the less.

Oct 03 09 06:31 am Link

Photographer

Left-handed Photography

Posts: 181

Richmond, Virginia, US

One must consider the girl herself. At 16, a girl is not entirely aware or capable of fully understanding the implications of posing nude or partially nude. While this may seem fun, daring and exciting to her now, she might regret it later. Any photographer who is willing to compromise a minor should look in the mirror and question his values.

Oct 03 09 06:34 am Link

Photographer

Vamp Boudoir

Posts: 11446

Florence, South Carolina, US

As stated by the OP,....

If it was something special, unique and very art or news worthy, I would have no qualms at all. Just for the sake of controversy...hell no! Particularly now -steroid grown teens.
5-14..not so much of an issue.

Oct 03 09 06:41 am Link

Photographer

Michael McGowan

Posts: 3829

Tucson, Arizona, US

Look at the commotion over the pix of Miley Cyrus when she had a bare back. Now, expand the outcry to a raging mob if she had actually been topless.

That's where our society is right now. A topless Drew Barrymore at age 16? Nobody would have blinked. But the equivalent today? Yikes!

Does anybody remember "Patti" D'Arbanville, one of David Hamilton's models, who went on to minor fame in television and movies? What harm did her nudes as a teenager do?

But today, the times they are a'changing, but not for the better as far as artistic freedom goes.

Me, I'd like to stay out of the news.

Oct 03 09 06:43 am Link

Photographer

Luminos

Posts: 6065

Columbia, Maryland, US

This question gets asked very often here.

The answers seem to fall into four categories:

1)  Go for it.   It's legal (in most states if not all - lots of opinion on that one.)

2)  Do it, but be prepared for social, political, and maybe even a little ungrounded legal complications.

3)  Don't do it (because of the complications.)

4)  It's illegal (but, no, it isn't.)

There's no right answer for all, just a right answer for you.

But be assured there will be complications.

With so many beautiful and willing models over the age of 18, why shoot a 16 year old topless - unless such a shot is requested by the girl and her family?

Oct 03 09 06:50 am Link

Photographer

Cadence Gamache

Posts: 81

Richmond, Illinois, US

RTE Photography wrote:
All it takes is one prude to see the picture, notify the police or child protective agency and you could be in for a world of hurt.

It's not about being prude. It's about recognizing that even some clothed pictures of children can be used as pornographic fodder for pedophiles. So why would you go the extra step and take their clothes off, knowing that they are going to be objectified by some messed up deviant? If I wanted to take an artistic photo of a baby in a lion's den, wouldn't it not matter what my intentions were? I'd still be placing that baby in harm's way and I would be responsible if it got hurt or eaten.

Don't confuse being responsible with being prude.

Oct 03 09 06:59 am Link

Photographer

Valley Art

Posts: 371

Lower Hutt, Wellington, New Zealand

wynnesome wrote:
What's the point?

Really, why is there even a need to mess with shooting nudity with underage models?

There are so many models of age, so many looks, and many can look young enough to require documentation to prove they are of age anyway.

Unless there's an awfully good reason, just, why would you even want to get into dealing with that?

Exactly. Why?

Oct 03 09 07:01 am Link

Photographer

AVD AlphaDuctions

Posts: 10747

Ottawa, Ontario, Canada

Cadence Gamache wrote:

It's not about being prude. It's about recognizing that even some clothed pictures of children can be used as pornographic fodder for pedophiles. So why would you go the extra step and take their clothes off, knowing that they are going to be objectified by some messed up deviant? If I wanted to take an artistic photo of a baby in a lion's den, wouldn't it not matter what my intentions were? I'd still be placing that baby in harm's way and I would be responsible if it got hurt or eaten.

Don't confuse being responsible with being prude.

by this logic, we should prevent Sears, Giant Tiger and WalMart from putting pictures in their ads because the teen pics could be used for fodder.  Sorry...makes no sense.  Can we go back to the post from RTE that you qouted.  It's not necessary to take something to an illogical conclusion. Just weakens it.

Oct 03 09 07:07 am Link

Model

Michelle Genevieve

Posts: 1140

Gaithersburg, Maryland, US

Well, artistic considerations aside, here's a thought -

"Legal" does not equal "Good Idea"

In the past I have occasionally considered a course of action that my attorney advised me against pursuing. Although I had the legal authority and the letter of the law seemed to support it, he accurately pointed out that I was just asking for trouble. I probably would have come out on top, but it would have been trouble anyway. Who needs that?

I have worked with a couple of models in their mid-20s who could easily have passed for 16. If you're after a certain look or mood, this can be easily achieved without any legal ambiguity.

One final thought. I once got some advice from a guy who ran an adult website, who passed on something he'd gotten from a guy who was a longtime producer of porn. That guy had managed to stay out of legal trouble for years with this simple dictum -

Never make a model look younger than she is, and nobody will bother you.

May not be good legal advice, but it was good practical advice.

Oct 03 09 07:09 am Link

Photographer

Cadence Gamache

Posts: 81

Richmond, Illinois, US

AVD AlphaDuctions wrote:

by this logic, we should prevent Sears, Giant Tiger and WalMart from putting pictures in their ads because the teen pics could be used for fodder.  Sorry...makes no sense.  Can we go back to the post from RTE that you qouted.  It's not necessary to take something to an illogical conclusion. Just weakens it.

I don't see it as illogical... Why is it prude to be wary of taking naked pictures of children? It's not. It's simply being responsible. That's all I'm saying.

Oct 03 09 07:11 am Link

Model

Michelle Genevieve

Posts: 1140

Gaithersburg, Maryland, US

Oh, and I should add that I know a man who did 5 years in jail for doing this exact thing. When it went to trial the jury did not rule by the letter of the law, but instead dragged in all sorts of concepts like "moral turpitude", "undue influence", "innocence", etc. He was on trial for multiple counts of things that never even went through his mind while he was in the studio.

Did 5 years in the slam.

Oct 03 09 07:13 am Link

Photographer

Photographer4321

Posts: 330

Montreal, Quebec, Canada

Jeff Mason wrote:
Oh, and I should add that I know a man who did 5 years in jail for doing this exact thing. When it went to trial the jury did not rule by the letter of the law, but instead dragged in all sorts of concepts like "moral turpitude", "undue influence", "innocence", etc. He was on trial for multiple counts of things that never even went through his mind while he was in the studio.

Did 5 years in the slam.

Now that's got to really s*ck

Oct 03 09 07:15 am Link

Photographer

Stephoto Photography

Posts: 20158

Amherst, Massachusetts, US

Why even think about shooting a 16 year old nude? Does she look like a playboy playmate or something? Just don't do it, it's simple as that. No other rationale needed.

Oct 03 09 07:18 am Link

Artist/Painter

Theloneous Jones

Posts: 44

Denver, Colorado, US

Ask yourself why but ask yourself why not.
Respect the laws because of the consequences they bring but don't just sheepishly follow them. 
The issue is bigger than seeing some 16 year old titties and be prepared to fight all that comes with it.  Allowing newspapers headlines to restrict your art is very cowardly.  Using bad lion cage analogies and jumping to conclusions about enabling pedifiles is ridiculous. 

Who are we protecting? .......16 year olds that want to pose nudes or all the adults (most likely the same people who are quick to dismiss the question) who wont admit they want to see it?

Oct 03 09 07:21 am Link

Model

Hollywood

Posts: 1

Providence, Rhode Island, US

There is no need to shoot children naked!! I am a MOM of six, and this thought disgusts me!!!
Use your head man!!!  Thats not healthy thinking!!! I am also a criminal justice major, and I actually dicussed this post with my CRIMINOLOGY CLASS, AND the majority found it a repulsive idea!!!!

Oct 03 09 07:22 am Link

Photographer

Jeff Cohn

Posts: 3850

Philadelphia, Pennsylvania, US

While morally I don't think nudity is really an issue that should be condemned and I think most views on nudity stem from a puritanical religious society, I also accept reluctantly that I live and work in society and have to abide by their standards and practices to a certain extent.

Something that is not a big deal to me is outrageous to others, and unfortunately that taboo makes it a turn on to another group. With these thoughts in mind accepting that there are ultra conservatives and pedophiles in this world, I'd have to say it's just a bad idea all around and not worth the trouble.

Oct 03 09 07:22 am Link

Photographer

Neil Snape

Posts: 9474

Paris, Île-de-France, France

The question was to shoot or not a 16 year old topless, not if you should find an 18 year old or older.

In the US it seems you are on very risky waters.
In North America it is more or less the same but states or provinces have their own laws.

In most of Europe it is not a problem so much depending on the use and the nature. Here people exercise common sense over radically opposed fanatics.

I wouldn't tempt it if it were a photo to be diffused or gallery displayed.

Tough call artistically isn't it?

Oct 03 09 07:24 am Link

Artist/Painter

Theloneous Jones

Posts: 44

Denver, Colorado, US

Hollywood wrote:
There is no need to shoot children naked!! I am a MOM of six, and this thought disgusts me!!!
Use your head man!!!  Thats not healthy thinking!!! I am also a criminal justice major, and I actually dicussed this post with my CRIMINOLOGY CLASS, AND the majority found it a repulsive idea!!!!

Sorry you're disgusted but ALL thinking is healthy.

Oct 03 09 07:26 am Link

Photographer

Chris Macan

Posts: 12962

HAVERTOWN, Pennsylvania, US

It's just a bare chest......
In theory everybody is born with the same basic layout.

Why the hysteria?

Oct 03 09 07:34 am Link

Photographer

Doug Lester

Posts: 10591

Atlanta, Georgia, US

JP PHOTOGRAPHY OF CT wrote:
we have all see brooke shieilds naked at 10, and there are the sally mann shots of her kids naked and david hamilton photos. What are your thoughts of phtographing a 16yr old possible toplless ...nothing porn...nothing sexual

what are the toughts

I've no thoughts about photographing a topless 16 year old. I've been doing artistic nude work for longer than most here have been alive and have often received queries from both models and parents about including 14 to 17 year old girls in my work. I see no valid reason to do so. I have no legal, moral or ethical point to make and my work is about "women", not girls.

Oct 03 09 07:34 am Link

Photographer

Edward C D Silva

Posts: 37

Kuala Lumpur, Kuala Lumpur, Malaysia

Why is age such an issue in art? Nude art and 18+... what's with the age of 18? Maturity? Maturity has nothing to do with age. Ability to make good decision is also nothing to do with age. It's the law that has to be written with a fixed age... Too bad for the rest of us artist... but law is law...

Oct 03 09 07:35 am Link

Model

Michelle Genevieve

Posts: 1140

Gaithersburg, Maryland, US

Theloneous Jones wrote:
The issue is bigger than seeing some 16 year old titties and be prepared to fight all that comes with it.  Allowing newspapers headlines to restrict your art is very cowardly.

Yeah, just what we need. More suffering artists who feel compelled to be martyrs for crappy art, and then blame it on society when it all goes to hell for them.

Good luck with that.

Oct 03 09 07:35 am Link

Artist/Painter

Theloneous Jones

Posts: 44

Denver, Colorado, US

Jeff Mason wrote:
Yeah, just what we need. More suffering artists who feel compelled to be martyrs for crappy art, and then blame it on society when it all goes to hell for them.

Good luck with that.

Im not suffering (the art is crappy, Ill give you that one) and I dont know where the word blame comes into all this but I will say society, especially in 2009 is full of so many loopholes and condtridictions that allowing your lifestyle do be dictated by Nancy Grace is weak.   Regardless of the issue, dont let the 9 o'clock news or your criminal justice class form your opinion.  Think, discuss, learn........or play it safe and shoot another female holding a guitar. That what we really need, right?

Oct 03 09 07:45 am Link

Photographer

Quay Lude

Posts: 6386

Madison, Wisconsin, US

xaveir wrote:
Never in th US but everywhere else its acceptable

Riiiiiiiiiiiiiiiiiiight.

*sigh*

Oct 03 09 07:51 am Link

Model

Michelle Genevieve

Posts: 1140

Gaithersburg, Maryland, US

Theloneous Jones wrote:
Think, discuss, learn........or play it safe and shoot another female holding a guitar. That what we really need, right?

Well, yes. Open and frank discussion is essential in a free society, and I think we can agree on that.

One theme that has come up (or been implied) several times in this thread is that of societal norms. One society will circle the wagons and protect a man who raped a 13 year old, another will prosecute a photographer who makes a topless photo of a 16 year old girl, another will stone a woman to death who speaks in public to a man to whom she is not related.

In each place, this is reality. In this case, regardless of what the law and certain brave souls will say, a photographer who takes a photo of a topless 16 year old will probably be prosecuted, convicted and incarcerated. And he will receive public censure every step of the way. The few artistic allies he has will be of little comfort in those days of tribulation.

Oct 03 09 07:56 am Link

Photographer

Garry k

Posts: 30128

Vancouver, British Columbia, Canada

H3D PHOTOGRAPHER wrote:
I would rather juggle with hand grenades than shoot a 16yr old topless... the hand grenades are less likely to blow up in my face!

I am always mystified why someone would go out of their way to shoot an underage girl topless... From my own perspective, I cant come up with any reason that could justify all the possible down sides.

Why not simply shoot a girl of legal age?

Nods

further , whenever these sorts of discussions come up there is little attention paid to the fact that a 16 year old does not have the capacity to fully understand what they are doing and the implications of their actions ... in short it could be something that they profoundly regret doing once they are mature enough to understand . And that is reason enough not to

Everyone talks about "freedoms " but few talk about the responsibilities that go with such freedoms

Oct 03 09 07:56 am Link

Photographer

Quay Lude

Posts: 6386

Madison, Wisconsin, US

Hollywood wrote:
There is no need to shoot children naked!! I am a MOM of six, and this thought disgusts me!!!
Use your head man!!!  Thats not healthy thinking!!! I am also a criminal justice major, and I actually dicussed this post with my CRIMINOLOGY CLASS, AND the majority found it a repulsive idea!!!!

Personally, I wouldn't shoot anyone under 18 nude in any way. Implied, topless, no way. I just wouldn't take any kind of risk like that.

But I think describing it as disgusting and repulsive is extreme and makes you and your class sound a little damaged or something.

Oct 03 09 07:57 am Link

Photographer

photodorset

Posts: 845

Bournemouth, England, United Kingdom

Just  a thought, is the 1970's film 'Walkabout' seen in the US? In the film there are loads of sexual inuendos and Jenny Agutter (16 at the time) and her brother in the film (age about 10) fully naked (everything shown).

In the 1970s version of Romeo and Juliet, Juliet is in bed with Romeo - both naked but only a quick 'flash' of Juliet as she gets out of bed - the actress is 15!!

Most laws are aimed at preventing exploitation. If you take images of an under 18 naked for 'art's sake' that's fine. If you take the images to pass around dirty old men, it's wrong!!!

Oct 03 09 08:03 am Link