PrimalGraphix wrote:
What is the legal age in California for model to be to take fine art nude images? Also if they are underage like around 17 going on 18 if you get consent from their legal guardian  is it legal or still not?

I know the legal age is 18 for stuff like playboy and such but im talking of fine art format.

PrimalGraphix wrote:
What is the legal age in California for model to be to take fine art nude images? Also if they are underage like around 17 going on 18 if you get consent from their legal guardian  is it legal or still not?

JarekN wrote:
Advice I would give you is to see your local lawyer... Do you wanna trust anyone with
their 'Opinion' on something that could have serious legal consequences?

Well im looking for an opinion but  i think there are people here who know there stuff and i can look it up later to be certin.

Love of Photography wrote:
Shoot her in a swimsuit and photoshop it out.  Safer that way.

Haha good one. Its just a general question im asking i dont usually shoot anyone under the age of 19 when it comes to nudity or implied/ sexy work

A slice of oblivion wrote:
It is perfectly legal to shoot a nude of any age.  The problem comes into play when people view the content as pornographic or sexual.

So even if you shoot a perfectly "safe" fine art nude, as soon as someone accuses you of shooting kiddie porn, you are guilty until proven innocent.

Is it really worth it?

No its better to wait for them to be legal of course.

PrimalGraphix wrote:
No its better to wait for them to be legal of course.

Please re-read what he said. They are legal. It's the interpretation that matters, and that's out of your control.

PrimalGraphix wrote:
IM jsut curious do if you had a wavier signed bye the parent/adult would that keep you from breaking any laws even if someone excused you of kiddie porn?

If I have a waiver signed by you that says I can kill you, does that make it legal to shoot you in the head?

Sorry for the extreme example, but I suspect the point is made.

Big Cat Photography wrote:
My .02,  if you have doubts about it dont do it till they are 18

Oh i know that im just putting out here a topic for discussion want to see answers

Atris Everson wrote:
Well since that most porn is produced in California and the little warning at the beginning says "All models were at least 18 years of age at the time of filming" I would gather to say the safe age is 18!

yeah again thats for porn sake. This is fine art not porn status.

PrimalGraphix wrote:
IM jsut curious do if you had a wavier signed bye the parent/adult would that keep you from breaking any laws even if someone excused you of kiddie porn?

A signed release/consent form does not protect you from laws.

PrimalGraphix wrote:

yeah again thats for porn sake. This is fine art not porn status.

One man's fine art is another Baptist's porn.

Oblivion gave you a very thorough well thought out answer.

Shoot what you want. I can shoot my kid in the tub or a kid peeing in a urinal next to his Dad. It's my idea of art, but it's not MY interpretation that matters. If someone (in power) finds it offensive, you'll have to face consequences and defend what is benign and innoculous work TO YOU to someone without taste, an eye, or any art education.

silverystars wrote:
ask Jock Sturges or Sally Mann

Or David Hamilton or Sam Haskins ..

PrimalGraphix wrote:
IM jsut curious do if you had a wavier signed bye the parent/adult would that keep you from breaking any laws even if someone excused you of kiddie porn?

In fact it can make your situation in court even worse.
You’ll have additional charge of “conspiracy”

Alan from Aavian Prod wrote:
Unless you have a very good reason to shoot a minor in the nude, why would you want to?  The risks are high, the payoff is low and there are a zillion models who are old enough waiting for you to shoot them.

Alan, I propose we start selling t-shirts with this emblazoned on them, both front and back. I'll split the profits with you.

Alan from Aavian Prod wrote:
I think this question has been asked dozens of times here and the answer is always the same.  It is legal to take artistic and lifestyle nudes of models of any age.  That would include minors.

The problem is that, depending on the state, the images could be considered lewd or sexual in nature (as defined by the laws of the individual state or 18 USC 2256).  With the mentality in this country, even if the images subsequently turn out to be legal, you may be run through the ringer before you are absolved.

Unless you have a very good reason to shoot a minor in the nude, why would you want to?  The risks are high, the payoff is low and there are a zillion models who are old enough waiting for you to shoot them.

Best post all day.

Jose G Photo wrote:
I would assume the legal age for any form of nudity is 18 in the United States. Period. Otherwise I'm sure some minor would have become famous by now.

*facepalm*

Alex Minkin Photography wrote:
18. no exceptions. this is so obvious you shouldnt even have to ask

My thoughts exactly.

Alan from Aavian Prod wrote:
Unless you have a very good reason to shoot a minor in the nude, why would you want to?

Um...here's a good reason: Because it's illegal. Hows that for a reason to NOT shoot a minor nude. Good reason?

Jose G Photo wrote:

Um...here's a good reason: Because it's illegal. Hows that for a reason to NOT shoot a minor nude. Good reason?

IT IS NOT ILLEGAL.

Anything more I would say here, specifically to you, will get me brigged, so I'll leave it at that.

PrimalGraphix wrote:
What is the legal age in California for model to be to take fine art nude images? Also if they are underage like around 17 going on 18 if you get consent from their legal guardian  is it legal or still not?

Seriously, if you have to ASK that question...wait until they are 18...keep records of their ID's...don't gamble...

Seriously...

Alan from Aavian Prod wrote:
Unless you have a very good reason to shoot a minor in the nude, why would you want to?

Jose G Photo wrote:
Um...here's a good reason: Because it's illegal. Hows that for a reason to NOT shoot a minor nude. Good reason?

The problem Jose is that it IS NOT illegal in any state.  We have been through this so many times.  I challenge you to find a statute in any state that makes it illegal to shoot a minor in the nude.  There are states that prohibit lewd photos.  Some have language such as prohibitting "real or simulated sex or a lascivious display of the genitals."  No state has an absolute ban.

Did you see the movie "American Beauty?"  Thora Birch was seventeen when she was topless in the film.

It is not illegal to shoot a minor in the nude, but by the same token, it IS NOT a smart thing to do.  The laws that govern this are subject to interpretation.  Even if the shoot is legal, nothing prevents an overzealous prosecutor from making a lot of trouble for you.

The bottom line is that my advice is to not do it.  There is no point in taking any chances, legal or not.

Alan from Aavian Prod wrote:
... We have been through this so many times.  ...

Used to be this topic came up once a week or so. Looks like maybe the automatic timer has run amok. Three times in the same day!

PrimalGraphix wrote:
IM jsut curious do if you had a wavier signed bye the parent/adult would that keep you from breaking any laws even if someone excused you of kiddie porn?

Law is law.  No one exempts from it, including parents. Parent will go to jail, if they put their kid into porn films.