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Model
Hailey Apostolu
Posts: 4
West Hills, California, US


Is it legal to shoot a minor doing an implied shot with an older guy?
Sep 07 13 07:03 pm  Link  Quote 
Model
Isis22
Posts: 2,347
Muncie, Indiana, US


It sounds like trouble. Why not wait until you are 18?
Sep 07 13 07:28 pm  Link  Quote 
Photographer
PictureItYakima
Posts: 372
Seattle, Washington, US


Legally? Probably.
Common sense? Hell no. Especially with sue happy people everywhere.
And no, I'm not a lawyer. So this advice is pretty much as worthless as my law degree wink

Patience. Something to look forward to on your next birthday.
Sep 07 13 07:44 pm  Link  Quote 
Photographer
Mark Salo
Posts: 8,045
Olney, Maryland, US


Isis22 wrote:
It sounds like trouble. Why not wait until you are 18?

It sounds like trouble for the photographer and the older guy also.

Sep 07 13 07:55 pm  Link  Quote 
Photographer
Hikari Tech Photography
Posts: 791
Vancouver, British Columbia, Canada


Hailey Apostolu wrote:
Is it legal to shoot a minor doing an implied shot with an older guy?

Yeah, I'd say it would be quite dodgy and personally wouldn't be shooting it.

From your point of view, I'd say you should wait until you're 'legal' in the area where the shoot will take place.

Sep 07 13 08:25 pm  Link  Quote 
Photographer
jimmi L
Posts: 557
Bellefonte, Pennsylvania, US


Hailey Apostolu wrote:
Is it legal to shoot a minor doing an implied shot with an older guy?

The way you are presenting it here, the legality of it is less important than the inference of the situation.

Maybe a bit more info is in order...

With respect, I will say this... Your bio says you require an escort to every shoot (and as a minor, that is perfectly reasonable), and you state 'no nudes,' which of course, makes sense as well.

So is the 'older guy' in the proposed pic the man who escorts you? Normally, a minor needs a parent to sign a release. If the man in the pic with you isn't your parent (and it would seem odd that it would be), are you going without an escort to an implied nude shoot? A type of pic you state you won't do?

Again, I am not being argumentative, just telling you my gut reaction and desire to know about what you are inquiring about,

Sep 07 13 08:29 pm  Link  Quote 
Photographer
Michael Fryd
Posts: 3,470
Miami Beach, Florida, US


Hailey Apostolu wrote:
Is it legal to shoot a minor doing an implied shot with an older guy?

Obviously, you need to talk to an attorney for reliable legal advice.

For general (unreliable) advice, you really need to be more specific a to what you are shooting.

There are lots of different laws that apply, and you need to follow them all.


First of all, it is illegal to shoot or possess pornographic images of a minor.  As long as your images are not pornographic, then you probably are not in violation of this law.   The difficult question is whether or not they are pornographic.   Nude images are not automatically pornographic, and nudity is not a requirement for pornography.   An image may very well be pornographic even if no "naughty bits" are visible.


Next there are issues with contributing to the indecency of a minor.  You need to make sure that you don't fall into this category.


The specifics of the shoot are likely important.  For instance is the male standing behind the female holding her breasts to hide them?  Is the male nude with his privates hidden by the female?   There are various laws that prohibit certain activities with a minor.  If the activity is prohibited you don't want to photograph it.  If the activity is criminal, you don't want to be an accessory or conspirator.

Similarly, if the activity is illegal, then parental permission does not make it legal.  Parental permission just makes the parents accessories or conspirators to the crime.

If the depicted activity and photos are legal, you may wish to obtain parental permission anyway.  This reduces the chances the parents will accuse you of being a child molester and abusing their daughter.  Many photographers fear that an accusation would be bad for business, even if ended up being dismissed in court.

All the various child labor laws apply.  If you are paying the model, you need to make sure you follow the same labor laws as with any shoot.


Keep in mind, that even if the shoot itself is legal, it may affect your reputation.  Shooting sexy photos of minors is a hot topic for many people.  Some people feel strongly that these images should not be taken, even if they are legal.  Out of an abundance of caution, many photographers will avoid getting involved in projects that involve sexy shots of minors.



I am not an attorney and you should not rely on anything I say.  If you are concerned about the legal aspects, you should discuss the specifics of the shoot with a local attorney.

Sep 08 13 04:56 am  Link  Quote 
Photographer
B R U N E S C I
Posts: 25,319
Bath, England, United Kingdom


See my reply to your duplicate thread here:-

http://www.modelmayhem.com/po.php?threa … st18474677

Additionally, if you're the one doing the "implied" bit, then you won't be able to post the resulting images here on MM as that would be against site rules.





Just my $0.02

Ciao
Stefano

www.stefanobrunesci.com
Sep 08 13 06:23 am  Link  Quote 
Photographer
ImagineAerie
Posts: 402
Plano, Texas, US


Legal?  Can't tell you.  But I wouldn't shoot it.

Oh, and  BTW -- the age of the "guy" would be irrelevant.
Sep 08 13 11:05 pm  Link  Quote 
Photographer
Michael Fryd
Posts: 3,470
Miami Beach, Florida, US


ImagineAerie wrote:
...

Oh, and  BTW -- the age of the "guy" would be irrelevant.

Depends on which laws you are worrying about.

Sep 09 13 03:19 am  Link  Quote 
Photographer
Farenell Photography
Posts: 17,870
Albany, New York, US


That Italian Guy wrote:
Additionally, if you're the one doing the "implied" bit, then you won't be able to post the resulting images here on MM as that would be against site rules.

If I'm remember MM policy correctly, a minor can post an "implied" shot of themselves here on MM because all the naughty parts are either covered or not being seen.

Sep 09 13 05:33 am  Link  Quote 
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