Forums > General Industry > He's sixteen, now what do I do?

Photographer

BCG

Posts: 7316

San Antonio, Florida, US

James Jackson wrote:

Yes...I apologize.  I've been told that many times throughout my life...I just try to state things mater of fact-ly, but they seem to come out with a personal perspective skew to those I'm talking to.  I apologize if I offended...I didn't mean to.  That specific quote was meant as an overall more general assessment of Americans talking politics...not just you in specific.

i take it a career in the diplomat corp is out of the qwestion.

Feb 16 06 09:09 am Link

Photographer

BCG

Posts: 7316

San Antonio, Florida, US

James Jackson wrote:

Is this like that time you were the ruler of a small country...or like that time you photographed Bill Clinton...or...

I gave no legal advice...any lawyer could verify that.

i did photoraph Billy at Schoolcraft college as well as BOTH president Bush's and Sen. Robert Dole...as far as ruling my own country, my ranch here in Texas is JUST as big as a small third world country...and i am the ruler of BCG Land.

Feb 16 06 09:13 am Link

Photographer

Tokyo Romance

Posts: 130

Atlanta, Georgia, US

James Jackson wrote:
Yes...I apologize.  I've been told that many times throughout my life...I just try to state things mater of fact-ly, but they seem to come out with a personal perspective skew to those I'm talking to.  I apologize if I offended...I didn't mean to.  That specific quote was meant as an overall more general assessment of Americans talking politics...not just you in specific.

It ohk. If you didn't mean to be rude, it's no big deal. I do that sometimes, as well. It's difficult to phrase things in a way that people can get them the way you meant, especially without the added help of voice tones.

Anyways, I only meant for the model to check it out, because if she did get charged with something, it would follow her the rest of her life. Now that I'm thinking about it, the model would want to bring an escort just in case the photographer wanted to make up stories, which teenagers are proned to do. That way she has a witness to testify that nothing happened, even if she doesn't pose in the nude.

Feb 16 06 09:15 am Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

Djinn Photographic wrote:
I only meant for the model to check it out, because if she did get charged with something, it would follow her the rest of her life.

Always good advice...before getting one self in to something that they might think illegal, check on it's legality...

Now...if maybe we could get one of the real lawyers who do happen to hang out here on MM to participate in this thread, maybe we could all get some free legal advice, and perhaps have some legal perspective on this sort of situation.  Would be very interesting to find out if there are any such laws.

Feb 16 06 09:19 am Link

Photographer

Tokyo Romance

Posts: 130

Atlanta, Georgia, US

James Jackson wrote:
Always good advice...before getting one self in to something that they might think illegal, check on it's legality...

Now...if maybe we could get one of the real lawyers who do happen to hang out here on MM to participate in this thread, maybe we could all get some free legal advice, and perhaps have some legal perspective on this sort of situation.  Would be very interesting to find out if there are any such laws.

Agreed. I'm thinking of doing some research then publishing a free online text for the legalities of photography and modeling.

Hmmm, on the subject, does anyone know where I can find a free copy of a "Safe Conduct" release form?

Also, we don't know that BCG isn't a real lawyer. I've learned never to assume to much. We have intelligence for a reason and it's not very scientific to assume what we don't know.

LoL. Sorry, my two cents. ^_^

Feb 16 06 09:24 am Link

Photographer

UCPhotog

Posts: 998

Hartford, Connecticut, US

WHOOOOOOOOOOOOAAAAAAAAAAAA!!!!!!!!

Everyone here is missing a big point! You note right off that you are not trying to manage models. Enough said. At that point, pass along the photogs contact info to the model, inform her that he is 16 and that she, if asked to pose nude, should make sure she contacts his parent/guardian to be sure they are ok with it since if any charges were to come up, it would likely be them to persue them. She can also do her own legwork to see if it would be legal in the first place.

If you're not managing, don't do their work for them. End of story.

I know that we all like to help, but once again, people are asking legal questions here. Legal questions should be asked to an attorney, not a bunch of photogs, models and MUAs.

Marc Stevenson
UCPhoto

Feb 16 06 09:32 am Link

Photographer

NightShadows

Posts: 27

Victoria, British Columbia, Canada

UCPhotog wrote:
WHOOOOOOOOOOOOAAAAAAAAAAAA!!!!!!!!

Everyone here is missing a big point! You note right off that you are not trying to manage models. Enough said. At that point, pass along the photogs contact info to the model, inform her that he is 16 and that she, if asked to pose nude, should make sure she contacts his parent/guardian to be sure they are ok with it since if any charges were to come up, it would likely be them to persue them. She can also do her own legwork to see if it would be legal in the first place.

UCPhoto

You're missing the point, of ethical morality on the part of the initial photographer. If he passes the contact info along he becomes a party to any illegal actions that follow. The debate here is as to wether or not there is anything illegal in this situation.

Personaly I would never pass info if it seemed remotely sticky. Just my 2 cents (why is there no cent symbol on the keyboard?)

Feb 16 06 09:41 am Link

Photographer

Ty Simone

Posts: 2885

Edison, New Jersey, US

Djinn Photographic wrote:
If someone has said this already, I apologize.
In some states it is illegal for an adult to expose thier nude body in the sight of a child.
I think it's called "exposing yourself to a minor".
I'd tell the model to ask about that before the shoot to be sure she didn't get into trouble.

I posted it above.
I also noted that there are usually exceptions to the law to account for photography (artistic performances)

One With no Exception to it:

Type of Offense: Misdemeanor
DC Code Citation: §22-1312
Former Code Citation: §22-1112
Charge Elements: The elements of this offense are:

1. The defendant made any obscene or indecent exposure of his or her person, or made any lewd, obscene, or indecent sexual proposal, or committed any other lewd, obscene, or indecent act; (Penalty: up to $300 fine, 90 days, or both) OR
2. The defendant committed the above offense; AND
3. The defendant was in the presence of a child under the age of 16 years;
4. The defendant knew he or she was in the presence of a child under the age of 16 years (Penalty: up to $1,000 fine, 1 year, or both).


Other States with similar laws, as I mentioned, have either acceptability clauses or clauses related to art.
(Alaska for example)
AS 11.41.460. Indecent Exposure in the Second Degree.

(a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender's genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have.


(b) Indecent exposure in the second degree before a person under 16 years of age is a class A misdemeanor. Indecent exposure in the second degree before a person 16 years of age or older is a class B misdemeanor.


Neither of these apply in this case because the age is 16.
But, there are laws and the Model needs to know to look for them.

Feb 16 06 09:51 am Link

Photographer

Vito

Posts: 4581

Brooklyn, New York, US

Karen Roberts wrote:
One would  think it OK  for a 16 yearold to take  nude photographs ....(if one of his parents were present ..But it would still  be  considered corruption of  a  minor ..(hey  a parent can't  hire a stripper gram for a 16 year ols ....) ....so  I'd  wash  your  hands of whole deal  .

A topless restaurant was sued by parents to allow them to bring the kids. The parents won. So...under 18 year olds can be in the presence of topless waitresses.

Movies with nudity are rated either R (17 or older) or PG-13 (13 or older). No problem there.

Jul 25 06 11:45 am Link

Photographer

Chris Macan

Posts: 12986

HAVERTOWN, Pennsylvania, US

Ty Simone wrote:

I posted it above.
I also noted that there are usually exceptions to the law to account for photography (artistic performances)

One With no Exception to it:

Type of Offense: Misdemeanor
DC Code Citation: §22-1312
Former Code Citation: §22-1112
Charge Elements: The elements of this offense are:

1. The defendant made any obscene or indecent exposure of his or her person, or made any lewd, obscene, or indecent sexual proposal, or committed any other lewd, obscene, or indecent act; (Penalty: up to $300 fine, 90 days, or both) OR
2. The defendant committed the above offense; AND
3. The defendant was in the presence of a child under the age of 16 years;
4. The defendant knew he or she was in the presence of a child under the age of 16 years (Penalty: up to $1,000 fine, 1 year, or both).


Other States with similar laws, as I mentioned, have either acceptability clauses or clauses related to art.
(Alaska for example)
AS 11.41.460. Indecent Exposure in the Second Degree.

(a) An offender commits the crime of indecent exposure in the second degree if the offender knowingly exposes the offender's genitals in the presence of another person with reckless disregard for the offensive, insulting, or frightening effect the act may have.


(b) Indecent exposure in the second degree before a person under 16 years of age is a class A misdemeanor. Indecent exposure in the second degree before a person 16 years of age or older is a class B misdemeanor.


Neither of these apply in this case because the age is 16.
But, there are laws and the Model needs to know to look for them.

Ummmmm.......
I hardly think these statutes are the smoking gun forbidding nudity in the presence of a minor that we were promised.
These laws do not seem to explicitly say that an adult cannot be nude in front of a minor,
They seem to be written as "Flasher" laws,
But they seem to leave a great deal open to interpretation and therefore leave a certain exposure to abuse by grand standing District attorneys.

Jul 25 06 01:12 pm Link

Model

A BRITT PRO-AM

Posts: 7840

CARDIFF BY THE SEA, California, US

it's only illegal if you get caught!!!!!!!!!!

lol

but if she's older than him (18+) and he's 16 she could be ACCUSED OF sexualizing a minor if she were posing provocatively/undressed

and if it IS Nude etc etc
then what 16 y/o lad wants his parents Ok-ing the whole thing ??

;-)

ps
Actually in 2000 I was also ''acccused'' of 'sexualizing a minor'  in L.A. just for kissing him goodnight. (He had a great tongue stud!)
And he WAS (btw) 21 y/o
so theres no reason to anything.

Jul 26 06 02:04 am Link

Model

Christine

Posts: 1300

Los Angeles, California, US

tell her that he is 16 when you tell her about him.

Jul 26 06 02:48 am Link