|
Forums >
General Industry >
Looking for what the Law is for Shooting Minors
Oct 18 10 05:30 pm Link here we go again !!!! In before the lock  Oct 18 10 05:31 pm Link As long as the donkey is not erect, you'll be fine. Oct 18 10 05:33 pm Link It depends. Oct 18 10 05:36 pm Link No shootin' nekkid. Anyone! Oct 18 10 05:38 pm Link as long as you have a release signed by the parent, and there is absolutely NO nudity even implied nudity you should be fine Oct 18 10 05:38 pm Link REVOLVER6PHOTOGRAPHY wrote: What is within the law and what some prosecutor with an up-coming election do, are separate. If I were, I'd shoot the girl with a bikini. Put as for provocative posing and lingerie: leave that to people who have mega-money for lawyers, posting bond, and fighting to get their name of the sex-offender list. Oct 18 10 05:39 pm Link I have been clear to her and mom that I will not do any kind of Implied or nudes. Oct 18 10 05:40 pm Link There is no reason to be apprehensive, just do the shoot and stop worrying so much. Oct 18 10 05:42 pm Link REVOLVER6PHOTOGRAPHY wrote: You need to run away from this quick-like. The childs mom should be smacked around about the head and face. This Mom is your client? I don't belive that,she's Oct 18 10 05:45 pm Link Just want to keep my client happy and stay within the Laws.Thank you for your input everyone. Oct 18 10 05:45 pm Link -Arrest -Booking -Processing -Arraignment -Repeated Court appearances -Repeated press stories about your "sick perversion" -Ultimate resolution of criminal case -Picking up the pieces (acquittal) OR Sitting in jail (conviction) Just to be clear - you are concerned about the above scenario and you opted to come to a photography/modeling networking site to get the information necessary to decide whether you're going to go forward with a particular course of conduct? When my tooth hurts, I go to my dentist. When I've got a question about my car, I go to a mechanic. When I'm worried about whether there's any chance I'll be spending the next 5-15 years being butt-raped in prison, and branded as a sex offender, I call an attorney. I don't demand that everyone follow my logic. (But I do sorta laugh at people that don't) Oct 18 10 05:46 pm Link Mother MUST be present at ALL times (this is not law, but to cover your ass) Even if she steps out the room for a "potty break" camera goes down, shut off, no pics taken till mother comes back. Preferably have someone else with you there, an "escort" for you you could say. Call them an "assistant" if you have to, but have someone else there with you on YOUR side. Just incase there's some crazy accusation later, you'll have someone to back up your side of the story and it won't be "mother's word against perv photographer" in court. Model release is good, make sure BOTH the model AND the mother sign it. This issue was actually brought up several years back when Lindsay Lohan had posed for some provacative pics for a magazine, and her parents were present... or was it Miley Cyrus...? I forget now....anyway I remember there was a big deal made of it at the time. I'm sure someone could provide more details. Oct 18 10 05:48 pm Link Well you should really be looking up the law yourself (federal & state) or getting a qualified legal opinion instead of asking around on here. Certianly where I am it is an offense to shoot a minor in a "provocative" way, though of course legally defining provocative is a way of making lawyers rich. We have have had major chainstore shopping catalogues condemmend as kiddie porn because they contained teens modelling underwear for sale, and famous respected photgraphers have been villified in the press for work done decades ago. On the flip side, I've seen stuff on the TV and sites like this which should raise an eyebrow but don't, so I think it depends on whether you can dodge the witchunters or not, and what you think of that stuff yourself. Oct 18 10 05:48 pm Link you can shoot her nude and it could be perfectly legal.... or you can shoot her wearing a snowsuit, but in a provocative manner and be totally illegal. intent is the key...not the level of or lack of clothing.  Oct 18 10 05:49 pm Link LMAO,That's why I posted what I did and asked for what the Laws says and to keep your Personal opinions to your self.LOL(I was asking for FACTS,but I do get your Point)=-P Oct 18 10 05:50 pm Link Please contact a lawyer who has knowledge in this area. Strangers on the internet will not be able to give you good legal advice. Oct 18 10 05:52 pm Link Shutter Dreamz wrote: having or not having a release is inconsequential (the imaging may never be released). see swinskey below Stephen Markman wrote: there was no logic in that sales pitch for lawyers. S W I N S K E Y wrote: this is the logic required and it came from a photographer. Oct 18 10 05:56 pm Link This is no where near legal advice, like mentioned before your best bet may be to contact a lawyer, but I think you should be ok as long as you cover your ass. Maybe, instead of "provacative" try to toss around the term "elegant" and work with that mindset. The mother may like that approach better... then again she may not in which case... well anyone remember Amy Poehler's character from Mean Girls? Oct 18 10 05:59 pm Link Belle_Morte wrote: But a dumbass can plainly see this guy is about to get in deep shit.Don't need a law degree to see this is a potential problem, one not worth the risk, of him being Oct 18 10 06:00 pm Link Well MM'ers,What I have learned in this Forum is that,Asking Advice here is like sucking on a fire hose.LOL...If you all want to continue this Banter because your board feel free.My thinking with my question was just this,I wanted to ask Photographers because they could lead me to the Law,As I didn't know exactly how to find it.but instead I got a bunch of smart asses.If you can't be of real help to ppl asking,don't say anything.Thank you to those that really tried to help.Revolver6 Oct 18 10 06:04 pm Link REVOLVER6PHOTOGRAPHY wrote: Probably NOT a good idea. Could be considered child porn, which equals a lot of bad things, including registering as a sex offender for the rest of your life. Oct 18 10 06:07 pm Link REVOLVER6PHOTOGRAPHY wrote: The SIMPLE answer is that NO ONE here knows the answer. What the California laws say; how the California Courts have interpreted the various terms that may or may not be defined in the statutes; the likelihood of any particular (local) police department or prosecutor's office to go after someone who may or may not have broken the law . . .etc. 291 wrote: Next time, I'll try to use smaller words so that you can understand too. Oct 18 10 06:11 pm Link REVOLVER6PHOTOGRAPHY wrote: The mom is hiring you. Have a contract/release written for the mom to sign. Shoot with the mom and an assistant present. Do not use any of the images without consent to do so, and I do not recommend you post any of the images that are "provocative" on the Internet. Do not even use the word "provocative!" In fact it is the definition of that word that can cause you trouble. When you start questioning the law in open forums, it is not smart either! If you have concerns about what you should have written in your contract/release or about what crosses the line of being too "provocative" GO SEE AN ATTORNEY! Oct 18 10 06:18 pm Link Shutter Dreamz wrote: Nudity is not illegal. In the past, I've shot teenagers in implied nudity with a sheet held by the model in front of her just like the ones Annie shot of Miley Cyrus for Vogue. Don't give out misinformation please. Oct 18 10 06:21 pm Link Brooke Shields Oct 18 10 06:22 pm Link Richard Dubois wrote: Yea Richard! Oct 18 10 06:23 pm Link mother daughter shoots are fine. Oct 18 10 06:23 pm Link Oct 18 10 06:25 pm Link The problem here is not solely that the minor is wearing lingerie or swimwear . . .etc. The problem was that the OP stated: REVOLVER6PHOTOGRAPHY wrote: Provocative posing is the issue that may pose (no pun intended) problems for the OP and no one here can guide him. Oct 18 10 06:28 pm Link 976 Photography wrote: I've done photo sessions with minors in the past, and I loved having my adult aged female assistant there! She was a professional model, dancer and make up artist herself! Plus she worked so well one on one with the teenaged girls we shot. Working as a team, we watched each others back. Since those times, she has moved away. I really miss her! Oct 18 10 06:28 pm Link 311.3. (a) A person is guilty of sexual exploitation of a child if he or she knowingly develops, duplicates, prints, or exchanges any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film or filmstrip that depicts a person under the age of 18 years engaged in an act of sexual conduct. (b) As used in this section, "sexual conduct" means any of the following: (1) Sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex or between humans and animals. (2) Penetration of the vagina or rectum by any object. (3) Masturbation for the purpose of sexual stimulation of the viewer. (4) Sadomasochistic abuse for the purpose of sexual stimulation of the viewer. (5) Exhibition of the genitals or the pubic or rectal area of any person for the purpose of sexual stimulation of the viewer. (6) Defecation or urination for the purpose of sexual stimulation of the viewer. (c) Subdivision (a) does not apply to the activities of law enforcement and prosecution agencies in the investigation and prosecution of criminal offenses or to legitimate medical, scientific, or educational activities, or to lawful conduct between spouses. (d) Every person who violates subdivision (a) shall be punished by a fine of not more than two thousand dollars ($2,000) or by imprisonment in a county jail for not more than one year, or by both that fine and imprisonment. If the person has been previously convicted of a violation of subdivision (a) or any section of this chapter, he or she shall be punished by imprisonment in the state prison. (e) The provisions of this section do not apply to an employee of a commercial film developer who is acting within the scope of his or her employment and in accordance with the instructions of his or her employer, provided that the employee has no financial interest in the commercial developer by which he or she is employed. (f) Subdivision (a) does not apply to matter that is unsolicited and is received without knowledge or consent through a facility, system, or network over which the person or entity has no control. Oct 18 10 06:29 pm Link just do some asking around and then shoot away Oct 18 10 06:30 pm Link As long as you dont shoot porn you're good. Thats the only subject covered by law Oct 18 10 06:33 pm Link S W I N S K E Y wrote: Thank you. Oct 18 10 06:34 pm Link M n S Photos wrote: In other words, don't shoot child porn. /thread Oct 18 10 06:34 pm Link Richard Dubois wrote: You and I are of the same mind in this matter. Oct 18 10 06:35 pm Link 311.4. (a) Every person who, with knowledge that a person is a minor, or who, while in possession of any facts on the basis of which he or she should reasonably know that the person is a minor, hires, employs, or uses the minor to do or assist in doing any of the acts described in Section 311.2, shall be punished by imprisonment in the county jail for up to one year, or by a fine not exceeding two thousand dollars ($2,000), or by both that fine and imprisonment, or by imprisonment in the state prison. If the person has previously been convicted of any violation of this section, the court may, in addition to the punishment authorized in Section 311.9, impose a fine not exceeding fifty thousand dollars ($50,000). (b) Every person who, with knowledge that a person is a minor under the age of 18 years, or who, while in possession of any facts on the basis of which he or she should reasonably know that the person is a minor under the age of 18 years, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under the age of 18 years, or any parent or guardian of a minor under the age of 18 years under his or her control who knowingly permits the minor, to engage in or assist others to engage in either posing or modeling alone or with others for purposes of preparing any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, or a live performance involving, sexual conduct by a minor under the age of 18 years alone or with other persons or animals, for commercial purposes, is guilty of a felony and shall be punished by imprisonment in the state prison for three, six, or eight years. (c) Every person who, with knowledge that a person is a minor under the age of 18 years, or who, while in possession of any facts on the basis of which he or she should reasonably know that the person is a minor under the age of 18 years, knowingly promotes, employs, uses, persuades, induces, or coerces a minor under the age of 18 years, or any parent or guardian of a minor under the age of 18 years under his or her control who knowingly permits the minor, to engage in or assist others to engage in either posing or modeling alone or with others for purposes of preparing any representation of information, data, or image, including, but not limited to, any film, filmstrip, photograph, negative, slide, photocopy, videotape, video laser disc, computer hardware, computer software, computer floppy disc, data storage media, CD-ROM, or computer-generated equipment or any other computer-generated image that contains or incorporates in any manner, any film, filmstrip, or a live performance involving, sexual conduct by a minor under the age of 18 years alone or with other persons or animals, is guilty of a felony. It is not necessary to prove commercial purposes in order to establish a violation of this subdivision. Oct 18 10 06:37 pm Link Patrick Walberg wrote: So you don't shoot kiddie porn either. Oct 18 10 06:38 pm Link lol, prolly should check w a lawyer and def have an assistant there in case the mom is setting you up Oct 18 10 06:43 pm Link |
Some people just think too much before shooting.
