Forums > Photography Talk > Shooting nudes outdoors.

Photographer

Mad Hatter Imagery

Posts: 1669

Buffalo, New York, US

Is it likely that if caught shooting nudes in public places like a preserve (but clear with the intent of being remote) that one will be charged as a sex offender? Particularly if a young person walks in on it? Can natural public lands be rented in order to make such shoots perfectly fine?

Jun 21 21 07:00 pm Link

Photographer

AgX

Posts: 2851

Philadelphia, Pennsylvania, US

The answers to your questions sound like something almost assuredly decided by the laws of the specific jurisdiction in question, and the way those local laws are enforced (or not).

Jun 21 21 07:16 pm Link

Photographer

Mad Hatter Imagery

Posts: 1669

Buffalo, New York, US

AgX wrote:
The answers to your questions sound like something almost assuredly decided by the laws of the specific jurisdiction in question, and the way those local laws are enforced (or not).

So ask the state police?

Jun 21 21 07:21 pm Link

Artist/Painter

Hunter GWPB

Posts: 8179

King of Prussia, Pennsylvania, US

The state police, unless they are the ones serving that municipality, aren't going to address local laws and ordinances. Ask the cop that is going to respond to the call.  The call, the interpretation of the call by the dispatcher and the officer's own personal attitude is going to shape his/her response.  The caller may call in a sexual assault in progress.  Their own hysterical response will shape what they say.  Or, like Amy Cooper, they are trying to provoke a more severe encounter.

Sex offenses are usually crimes that involve an unwilling participant.  Here is something regarding new York. https://www.nysenate.gov/legislation/laws/PEN/P3THA130    But then, there is this:  https://www.shanephelpslaw.com/the-atti … r-public-/

New York permits topless women in New York City if it is non-commercial.  Does that extend to the rest of the state?  https://www.npr.org/sections/thetwo-way … -legal-ish

Public nudity:
https://www.justia.com/criminal/offense … indecency/

Jun 22 21 03:23 am Link

Photographer

FIFTYONE PHOTOGRAPHY

Posts: 6597

Uniontown, Pennsylvania, US

Jun 22 21 03:50 am Link

Photographer

Erik Lee Photography

Posts: 422

Amityville, New York, US

New York permits topless women in New York City if it is non-commercial.  Does that extend to the rest of the state?  https://www.npr.org/sections/thetwo-way … -legal-ish


Women can be topless anywhere in New York State that a man can be topless, as long as not preforming a "sexual act". I suppose that can be open for interpretation based on the encounter, but the intention of the law is to protect women breastfeeding in public.

Jun 22 21 07:19 am Link

Photographer

Rhea Monson

Posts: 51

Walnut Grove, Alabama, US

The eleventh court of appeals ruled in 1954 ,--nudity without an act of lewdness, is not indecent exposure.  (Sadly enough, most cops, lawyers, and some judges don't know that.)

Jun 22 21 08:39 am Link

Photographer

63fotos

Posts: 534

Flagstaff, Arizona, US

Mad Hatter Imagery wrote:
Can natural public lands be rented in order to make such shoots perfectly fine?

No

Jun 22 21 08:45 am Link

Photographer

Vector One Photography

Posts: 3722

Fort Lauderdale, Florida, US

Don't ask the state police for a legal opinion, they are law enforcement officers, not lawyers. Go pay a lawyer for the answer and hope his interpretation of the law and his legal research is correct. OR, look up the law yourself and make your own decision.  I shoot nudes on public land, private land, and any land mostly without permission but even if I have permission I rarely if ever say nude.  In twenty-five years I have not been caught. Of course now with CCTV I have to be much more careful.

The one word I would leave you with is "planning".  If you plan it right, right time of day, right day of the week, right location you limit your chance of something bad happening. Twenty years ago I was shooting in a public park way back the bushes and heard some noises, I told my model to get dressed (I always have a cover-up at hand). About a minute later 15 Munchins and their two adult chaperones walked by, but by then she was covered up and after they passed us we collected all our stuff and got the hell away from there.I planned it right, it was mid-week and they should have been in school, not on a field trip. I said I have never been caught, never said I haven't had a close call.

Jun 22 21 09:08 am Link

Photographer

Jeffrey M Fletcher

Posts: 4861

Asheville, North Carolina, US

Mad Hatter Imagery wrote:
Is it likely that if caught shooting nudes in public places like a preserve (but clear with the intent of being remote) that one will be charged as a sex offender?

No, not likely, but possible. Depends on many factors such as state laws, local officials, and luck.

Mad Hatter Imagery wrote:
Particularly if a young person walks in on it?

Still not likely and the young person themselves are a lesser danger in this regard. Now, if it's not a young person but LE and they determine that it could possibly be within view of young people, then you've upped your chances of prosecution.


Mad Hatter Imagery wrote:
Can natural public lands be rented in order to make such shoots perfectly fine?

No.

Out of sight out of mind, is a good way to look at risk reduction. Keep the nudity from being viewed by people not involved is a good procedure even when you're in private places. (you could be in your own home and draw a charge if viewable - depending on levels of nudity, location, local officials, etc.)

However, it is possible to photograph people nude, in public spaces. Many photographers have done so. The above answers are for photographer/model teams with no expertise, and little organization or knowledge. Check out someone like Spencer Tunick for examples of large works involving public nudity.

Jun 22 21 09:29 am Link

Photographer

LightDreams

Posts: 4429

Vancouver, British Columbia, Canada

I've done a topless shoot in the Piccadilly Circus Tube station.  A fair number of people, most of whom just did a double take and laughed while they went on their way.  Security apparently seemed to just enjoy the show (I missed one security camera that turned out to have the best view in town).   Yet elsewhere, earlier on the very same day, doing an outdoor shoot with a somewhat sexy look (no nudity of any kind), I had one head of security go absolutely "ape-sh*t" crazy.  He stormed up, leading a large security team, who all looked fairly unhappy about having to back him up.

So yes, as has been pointed out before, you never know who you'll run into when it comes to enforcement and what their particular views are.

My suggestion for the type of shoot you're thinking of?   Choose your location and timing carefully but, most importantly, bring along a trusted "lookout" or two, as necessary.  Their job is to spot anyone coming, preferably well in advance.  That way you can concentrate on the shoot.   They can also distract / delay any unexpected visitors (by asking them a question, for example), buying you more time when needed.

Jun 22 21 09:42 am Link

Photographer

AgX

Posts: 2851

Philadelphia, Pennsylvania, US

Mad Hatter Imagery wrote:
So ask the state police?

I’m not sure the state police are likely to be either the ones responding to a call or the ones possibly prosecuting anyone. Questions of local ordinances, and the understanding of the risks surrounding them, are probably best referred to (county/city/township) lawyers well-versed in the laws in question, who practice within the jurisdiction in question.

Jun 23 21 06:07 pm Link

Photographer

Mad Hatter Imagery

Posts: 1669

Buffalo, New York, US

Hunter  GWPB wrote:
The state police, unless they are the ones serving that municipality, aren't going to address local laws and ordinances. Ask the cop that is going to respond to the call.  The call, the interpretation of the call by the dispatcher and the officer's own personal attitude is going to shape his/her response.  The caller may call in a sexual assault in progress.  Their own hysterical response will shape what they say.  Or, like Amy Cooper, they are trying to provoke a more severe encounter.

Sex offenses are usually crimes that involve an unwilling participant.  Here is something regarding new York. https://www.nysenate.gov/legislation/laws/PEN/P3THA130    But then, there is this:  https://www.shanephelpslaw.com/the-atti … r-public-/

New York permits topless women in New York City if it is non-commercial.  Does that extend to the rest of the state?  https://www.npr.org/sections/thetwo-way … -legal-ish

Public nudity:
https://www.justia.com/criminal/offense … indecency/

That's Texas though. I don't expect anything reasonable there. Lol.

Jun 25 21 06:01 pm Link

Artist/Painter

Hunter GWPB

Posts: 8179

King of Prussia, Pennsylvania, US

Mad Hatter Imagery wrote:
That's Texas though. I don't expect anything reasonable there. Lol.

I would hope that it would be harder to find such a case in upstate New York.  You think it would be impossible?  I got a name for you, but I don't want to cross the line into politics on this thread.

Jun 25 21 06:33 pm Link

Photographer

John Silva Photography

Posts: 589

Fairfield, California, US

Mad Hatter Imagery wrote:

So ask the state police?

If you're talking of actual Bureau of Land Management (BLM) lands, they are ultimately under the Federal gov through the dept. of the Interior.
Though the local agencies probably respond to incidents on BLM land they probably hate to do so since they don't administer them.
As to renting them, this is a guess but I would think there are movies filmed on BLM land and permits are pulled.
BLM lands can be pretty remote so I wouldn't think there is a great risk of a little kid stumbling onto you or anyone else for that matter, permit or no permit!!
John

Jun 26 21 12:03 am Link

Photographer

Modelphilia

Posts: 1002

Hilo, Hawaii, US

Rhea Monson wrote:
The eleventh court of appeals ruled in 1954 ,--nudity without an act of lewdness, is not indecent exposure.  (Sadly enough, most cops, lawyers, and some judges don't know that.)

Do you have the citation available? I'd like to see what they found, since I often shoot outdoor nudes.

Jun 26 21 06:46 pm Link

Photographer

LightDreams

Posts: 4429

Vancouver, British Columbia, Canada

Rhea Monson wrote:
The eleventh court of appeals ruled in 1954 ,--nudity without an act of lewdness, is not indecent exposure.  (Sadly enough, most cops, lawyers, and some judges don't know that.)

Modelphilia wrote:
Do you have the citation available? I'd like to see what they found, since I often shoot outdoor nudes.

Just to keep the facts straight.  You might not like it but the Supreme Court has definitely ruled that the States may choose to ban public nudity.

"Barnes v. Glen Theatre, Inc., 501 U.S. 560 (1991), was a landmark decision of the U.S. Supreme Court concerning the First Amendment and the ability of the government to outlaw certain forms of expressive conduct. It ruled that the state has the constitutional authority to ban public nudity, even as part of expressive conduct such as dancing, because it furthers a substantial government interest in protecting the morality and order of society."

It's important to note that as a result of these powers, SPECIFIC LOCAL LAWS on the subject VARY GREATLY, depending on where you are.  In some states, just being topless in public is an act of indecent exposure.

Jun 26 21 07:22 pm Link

Artist/Painter

Hunter GWPB

Posts: 8179

King of Prussia, Pennsylvania, US

John Silva Photography wrote:
If you're talking of actual Bureau of Land Management (BLM) lands, they are ultimately under the Federal gov through the dept. of the Interior.
Though the local agencies probably respond to incidents on BLM land they probably hate to do so since they don't administer them.
As to renting them, this is a guess but I would think there are movies filmed on BLM land and permits are pulled.
BLM lands can be pretty remote so I wouldn't think there is a great risk of a little kid stumbling onto you or anyone else for that matter, permit or no permit!!
John

I have never encountered BLM (Bureau of Land management) Lands in Pennsylvania.  Based on your comment, I checked out the Eastern Management unit (31 states) to see what might be available.

Maybe this is of some help to somebody
https://www.blm.gov/sites/blm.gov/files … iction.pdf
https://www.blm.gov/maps
https://www.blm.gov/office/northeastern-states

Public lands In Pennsylvania:  ( I am not telling you that all these places are safe to shoot nudes or recommending you so.  Results may vary.)
United State National Parks (tend to be historic areas with more tourists, but some with expansive forests and fields) National Forest (just the Allegheny that I know of)
Extensive State Parks  (partially open to hunting)
Extensive State Forests (open to hunting)
Pennsylvania Game Lands (open to hunting; some very large tracts with interesting features, most of the year these have few people; )
County and municipal parks
Along the Appalachian Trail and lots of side trails
Rails to trails and river corridors
Pennsylvania State University experimental forests and other lands (often often to hunting)

*(Rattlesnakes (protected species) and Copperheads are possible to encounter.  Black Bear are possible.)

*Regarding areas open to hunting: spring turkey season and fall hunting seasons would be dangerous, watch out for long range varmint hunters in the summer.  It is a good idea to wear a florescent orange hat whenever you are walking around in the woods and fields in hunting country here, no mater the time of year.  Never wear white in the autumn or early winter- you will look like parts of a white tailed deer. 

*Lots of ticks:  Try Sawyer tick repellent.

*know what you doing in some of these places.  The terrain is dangerous.

Jun 27 21 08:24 pm Link

Photographer

Manfred

Posts: 65

Stuttgart, Baden-Württemberg, Germany

Come to Germany! There it is less problematic to do outdoor nude photo shootings in public. If I do such a photo shooting then I do it in the early morning. There are less people around and the light is better.

Jun 30 21 01:17 am Link

Photographer

Erasm Roterdam

Posts: 639

Millbury, Massachusetts, US

Nude Shooting on an isolated beach but still somebody passing by Call the police , caught Red-Handed :
  Be polite, candid, It was a Fashion Shoot that turned " Impromptu " Nude .
As much as possible let the Hot model handle the situation and make up the excuses; it helps a lot.
Likely just ask to stop the nudity, even continue the fashion style.
Not that I would.
Just a friend told me a "Hearsay Story"   smile    .

Jun 30 21 04:12 am Link

Photographer

Managing Light

Posts: 2678

Salem, Virginia, US

And pray that you don't run into a lawyer who is wanting to be elected/reelected to a State's Attorney slot and doesn't care who he/she chews up to get there.

Jun 30 21 07:30 am Link

Clothing Designer

GRMACK

Posts: 5436

Bakersfield, California, US

Little quiz:

"In which state is it legal for women to be topless in public?"

A. Nevada
B. California
C. Utah
D. Oregon
E. Arizona

Answer made by 10th Circuit Court of Appeals, which is opposite of the 9th Circuit Court that controls the other states.

https://www.abc4.com/news/in-utah-women … in-public/

Sort of fun to poke at my Mormon friends with that one as they all think it's CA or NV, but not 'their' state.

Jun 30 21 08:13 am Link

Photographer

LightDreams

Posts: 4429

Vancouver, British Columbia, Canada

GRMACK wrote:
"In which state is it legal for women to be topless in public?"

And all of Canada.

Our Supreme Court noted that those laws only barred women from being topless and did not apply to men.  They ruled that was gender discrimination and struck down the laws.

Jun 30 21 10:49 am Link

Photographer

cnp photos

Posts: 11

San Antonio, Texas, US

GRMACK wrote:
Little quiz:

"In which state is it legal for women to be topless in public?"

A. Nevada
B. California
C. Utah
D. Oregon
E. Arizona

Answer made by 10th Circuit Court of Appeals, which is opposite of the 9th Circuit Court that controls the other states.

https://www.abc4.com/news/in-utah-women … in-public/

Sort of fun to poke at my Mormon friends with that one as they all think it's CA or NV, but not 'their' state.

Austin, Texas woman can be topless in public, too.

Sep 28 21 06:17 pm Link