Forums > General Industry > 16 y/o nudist wants photos....

Photographer

Benjamen McGuire

Posts: 3991

Portland, Oregon, US

This post will undoubtedly turn into another debate over art and naked kids but hopefully a few will bother to read and understand my question.

I did some photo work for an 18 y/o nudist and now her 16 y/o sister started saving up to hire me for a shoot.  It's portrait work, obviously not porn. Her family is nudist and obviously have no problems with it. She contacted me and is paying me, I have no interest in using the photos for anything, not even portfolio.

I'm a fairly low volume alt photographer in a medium small hippy/college town, should I allow her to be nude? I know it's legal but I don't want a bad rep from those who think differently. I'm not worried about legaity or morals, that dead horese has been well beaten. Look at my portfolio and tell me if a guy that does work like mine can do nudist portraits with reasonable acceptance.

Sep 17 06 02:31 pm Link

Photographer

Tim Baker-fotoPerfecta

Posts: 9877

Portland, Oregon, US

NO! For God's sake NO! Please review the federal laws regarding shooting minors.  Don't do it - it's not worth 10 years in jail over a 3 hour photoshoot.  Tell her when she turns 18 then you'll shoot here.

/tim

Sep 17 06 02:34 pm Link

Photographer

La Seine by the Hudson

Posts: 8587

New York, New York, US

Let the mayhem begin...

Sep 17 06 02:34 pm Link

Photographer

Benjamen McGuire

Posts: 3991

Portland, Oregon, US

Damn, first response is about laws. Oh well.

Sep 17 06 02:35 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

If you decide to not do the shoot, please by all means refer her to me. I will gladly do the shoot... even for free.

Sep 17 06 02:36 pm Link

Photographer

Tim Baker-fotoPerfecta

Posts: 9877

Portland, Oregon, US

Marko Cecic-Karuzic wrote:
Let the mayhem begin...

Indeed. I'm simply amazed how some photographers set themselves for some major damage and/or headaches in the future - simply amazing.  /tim

Sep 17 06 02:36 pm Link

Photographer

Richard Maxwell

Posts: 242

Somerville, Massachusetts, US

I dont even want to know what a 16 year old girl looks like nude

Sep 17 06 02:39 pm Link

Photographer

Mark Brummitt

Posts: 40527

Clarkston, Michigan, US

Right or wrong, you might be tagged as a perv.  Strangely our laws seem to have no problem with minors being nude at nudist sites but the moment the camera comes out it's another issue.

What it really comes down to is, Is it worth it?

Do you want to be thought of as a perv?
Do you want the government possibly looking over your work to determine if you can be charged with a crime?

Walk away.

Sep 17 06 02:40 pm Link

Photographer

George Butler

Posts: 327

Marietta, Georgia, US

Well that is really all there is to consider is the fact that it is against the law. Whether you use it not,  if it is determined that you took a nude picture of a minor than you are subject to prosecution.

The really interesting thing about those that get caught it is usually someone else that rats you out or the other party doing something stupid. Like if she shows the pics to her friends and then one of her friends parents see's it a call the police simply because 'they' think you are a 'perv'.

It's just not worth the hassle and headaches that could come from it.

Sep 17 06 02:41 pm Link

Photographer

Lotus Photography

Posts: 19253

Berkeley, California, US

don't, can of worms, esp with your portfolio..

you aren't exactly a nature, flowers photographer.. avant garde puts you on the outside to begin with..

Sep 17 06 02:41 pm Link

Photographer

Benjamen McGuire

Posts: 3991

Portland, Oregon, US

Maxwell Digital Art wrote:
I dont even want to know what a 16 year old girl looks like nude

Obviously the photos wouldn't be for your viewing.

Sep 17 06 02:45 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

Tim Baker wrote:

Indeed. I'm simply amazed how some photographers set themselves for some major damage and/or headaches in the future - simply amazing.  /tim

I'm simply amazed how spineless and stupid some photographers are... and how few have any resemblance to true artists in this day and age... simply amazed.

Sep 17 06 02:45 pm Link

Photographer

Marcus J. Ranum

Posts: 3247

MORRISDALE, Pennsylvania, US

Maxwell Digital Art wrote:
I dont even want to know what a 16 year old girl looks like nude

What, weren't you 16, once?

Seriously, I wonder how many guys have NOT had a handful of 16-year-old boob, or kissed a 16-year-old girl, or seen a 16-year-old girl nude. Were we all vacuum bagged and locked in ice chests until we were 18? I don't remember it that way. My first girlfriend was 16 when I was 17 and I recall we spent a long hot summer not wearing a whole lot. I even took pictures of her (because she was stunning) - but I gave her the prints and negatives when we went our separate ways. She says she still has 'em! Are they illegal, I wonder? But that was the 70's...  Maybe kids come vacuum bagged nowadays...

mjr.

Sep 17 06 02:46 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

George Butler wrote:
Well that is really all there is to consider is the fact that it is against the law.

You are wrong.

Sep 17 06 02:46 pm Link

Photographer

Digital Focus

Posts: 3756

Glendale, Arizona, US

Yeah, go ahead and do it so you can give another black eye to our profession.  Your site alone states "ALL AGES".  With your work, wait until she's 18.  By then she'll either have grown out of it or will be the best legal model to work with.

Good luck, 16 will get you 20.

Sep 17 06 02:48 pm Link

Photographer

Benjamen McGuire

Posts: 3991

Portland, Oregon, US

lotusphoto wrote:
don't, can of worms, esp with your portfolio..

you aren't exactly a nature, flowers photographer.. avant garde puts you on the outside to begin with..

Avant garde... I like that expression. I realize my work is almost exclusively provacative and that is why I even asked. Thanx for the 2nd opinion.

Sep 17 06 02:49 pm Link

Photographer

Hamza

Posts: 7791

New York, New York, US

Just DO IT!

It's business...

Just make sure one of her parents is there along with an MUA and Assistant to pose as witnesses that no porn was going on.   It's simple really.

Who said you have to tell anyone about what you are doing anyway?  Who said you have to show the pics to anyone other than the client?  Loose lips sink ships.  It's no one elses business but yours.

JUST DO IT!  Keep your mouth shut, and all will be fine.

Naked is naked, once you've seen a few thousand you've seen it all...

Sep 17 06 02:49 pm Link

Photographer

ChrisCorbettPhotography

Posts: 252

Oklahoma City, Oklahoma, US

I'd suggest passing on this one, regardless of the law, morality, whatever. Let one of her 16 y/o friends take some pics of her. What have you got to gain? a few hundred $? nothing more.

Sep 17 06 02:50 pm Link

Photographer

Emeritus

Posts: 22000

Las Vegas, Nevada, US

Cspine wrote:
Look at my portfolio and tell me if a guy that does work like mine can do . . . portraits with reasonable acceptance.

I took out the emotionally charged word and came up with the same answer:  no.  Whatever you or others may describe your work as, "portraits" seems to me to be a poor descriptor.  Perhaps you might try redefining what it is that you do, and then add the word back in and see how it fits.

Sep 17 06 02:51 pm Link

Photographer

Robert Randall

Posts: 13890

Chicago, Illinois, US

Tim Baker wrote:
NO! For God's sake NO! Please review the federal laws regarding shooting minors.  Don't do it - it's not worth 10 years in jail over a 3 hour photoshoot.  Tell her when she turns 18 then you'll shoot here.

/tim

I bet Jock Sturges knows more about this than this guy does, ask him.

Sep 17 06 02:51 pm Link

Photographer

George Butler

Posts: 327

Marietta, Georgia, US

James Jackson wrote:

You are wrong.

Yeah a true Rebel, kudo's to you!

Sep 17 06 02:52 pm Link

Photographer

Jeff Cohn

Posts: 3850

Philadelphia, Pennsylvania, US

i have no stand on weather i think you should do it or not, that's your call, but it is NOT against the law, I realize YOU know that, but these photogs that keep posting "no its illegal" or what not really just need to study the laws.

I do not have a law degree or a law book in front of me, but the laws regarding minors naked to the best of my recolection state the photos have to be sexual or have sexual undertones (Led Zeppelin's houses of the holy anyone?), granted thats a very very wide range of varience from person to person, court to court, but if she's from a nudist family you should be fine.

Here's an idea to cover your ass, while not covering hers.... Shoot a nude FAMILY PORTRAIT, if its the whole family a) you can probably charge more b) it cant look sexually negative if ya pose them family portrait like c) mom and dad are obviously not just consenting, but consenting IN the photo.

Sep 17 06 02:52 pm Link

Photographer

Lotus Photography

Posts: 19253

Berkeley, California, US

she tells her friends at school and word gets around


not saying that teenage girls talk and exagerate or anything

Sep 17 06 02:53 pm Link

Photographer

Arizona Shoots

Posts: 28824

Phoenix, Arizona, US

Correct me if I'm wrong, but doesn't the Federal Statute specifically state that "exploitation" of a minor is the part that makes it illegal? It's been a while since I read it, but I remember something like that in the law. That

1. It has to be deemed of prurient interest.

AND

2. It has to be deemed exploitation. In other words you selling the photos.

Something like that. It doesn't sound like you're doing either of these.

Sep 17 06 02:54 pm Link

Photographer

Benjamen McGuire

Posts: 3991

Portland, Oregon, US

TXPhotog wrote:

I took out the emotionally charged word and came up with the same answer:  no.  Whatever you or others may describe your work as, "portraits" seems to me to be a poor descriptor.  Perhaps you might try redefining what it is that you do, and then add the word back in and see how it fits.

HER photos would be portraits, I don't really know what the majority of my photos would be classified as.

Sep 17 06 02:55 pm Link

Photographer

Image K

Posts: 23400

Las Vegas, Nevada, US

I love it when people start threads knowing the responses that they will get, and the emotions that come with it, and they already know the correct answer...

And yet they start the thread anyway...

Sep 17 06 02:57 pm Link

Photographer

Benjamen McGuire

Posts: 3991

Portland, Oregon, US

STFU about Sturges and the law already lol. Re-read my original post.

Sep 17 06 02:57 pm Link

Photographer

JBPhoto

Posts: 1107

Belleville, Michigan, US

Step back and let her find a fellow 16 yr old to shoot that stuff.

Sep 17 06 02:58 pm Link

Photographer

mr. wizard

Posts: 251

Alameda, California, US

Cspine wrote:
I'm a fairly low volume alt photographer in a medium small hippy/college town, should I allow her to be nude? I know it's legal but I don't want a bad rep from those who think differently. I'm not worried about legaity or morals, that dead horese has been well beaten. Look at my portfolio and tell me if a guy that does work like mine can do nudist portraits with reasonable acceptance.

I wouldn't do it if I were you.  you'e curious about "reasonable acceptance", but  it's the unreasonable that would give me pause.  sadly, narrow minds aren't always accompanied by narrow heads (which would make them obvious) and you just don't know where they lurk, or when you'll encounter them.

even a totally undeserved pedophile rep is *really* hard to shake.

if you were 100% comfortable doing it, that would be different, but then you wouldn't be here asking...

Sep 17 06 02:58 pm Link

Photographer

Emeritus

Posts: 22000

Las Vegas, Nevada, US

Cspine wrote:
HER photos would be portraits, I don't really know what the majority of my photos would be classified as.

Then I don't know what was meant by, "look at my portfolio and tell me if a guy that does work like mine" . . . .

Aparently you are saying that what is in your portfolio has no relevance to the issue.  If it does have relevance, then my comment stands.

Sep 17 06 02:59 pm Link

Photographer

Lotus Photography

Posts: 19253

Berkeley, California, US

i'm sure you would be okay afterwards, since we all know that 'exploitive' is the key word, and that you would be smart enough to bring her folks..

what you asked is,

'given my body of work should i do it..'


eventually you'd be okay, but you might have a major headache till you did

and since she's just 16, what if later in life she rebels against her parents (nudists) and decides she didn't like having been photographed nude?

Sep 17 06 02:59 pm Link

Photographer

Benjamen McGuire

Posts: 3991

Portland, Oregon, US

Image K wrote:
I love it when people start threads knowing the responses that they will get, and the emotions that come with it, and they already know the correct answer...

And yet they start the thread anyway...

But it's fun! I'm actually supprised at the percentage that are staying on topic so far. Consider this the internet version of me thinking out loud.

Sep 17 06 02:59 pm Link

Photographer

Robert Randall

Posts: 13890

Chicago, Illinois, US

Cspine wrote:
STFU about Sturges and the law already lol. Re-read my original post.

Excuse me, I was responding to the respondant not the OP. You might want to tone down the lettering in your response, I travel a lot.

Sep 17 06 03:00 pm Link

Photographer

919

Posts: 1273

Kalamazoo, Michigan, US

I'm no lawyer...and I don't claim to know the law.

However.

I don't think its "illegal" to photograph a 16 year old girl nude.  (Art vs. porn...child pornography vs. art...its all muddy waters.)

Would I do it? Nah.  I don't really shoot nude photos.

I know I'd tred lightly...I'd have her and her parents sign off on every waiver you can muster....AND I'd make doubly sure to have an assistant there. (For liability reasons.)

Sep 17 06 03:03 pm Link

Photographer

Tim Baker-fotoPerfecta

Posts: 9877

Portland, Oregon, US

James Jackson wrote:

I'm simply amazed how spineless and stupid some photographers are... and how few have any resemblance to true artists in this day and age... simply amazed.

Tell that to the police when a 'mindless' photographer's computer is seized because some 16 year old bragged to the wrong people about being photographed nude. The police find the images. The photographer is arrested. 

Spinless and stupid is shooting a 16 year old nude.  I really don't care about the resemblance to true artists in this day and age ... I care more about my personal reputation and the legalities. Even if I'm found not guilty, there would be a considerable financial cost to me to fight such a battle. It's simply not worth it financially or professionally.

Now if you want to shoot nude minors, then that's entirely up to you.

My advice, having been in the biz since I was 13 is don't go there; not worth the risk.

/tim

Sep 17 06 03:03 pm Link

Photographer

Arizona Shoots

Posts: 28824

Phoenix, Arizona, US

I wonder what that idiot, Dr. Laura would say about this subject.

Sep 17 06 03:03 pm Link

Photographer

Chi - Rue99 Photography

Posts: 1838

San Francisco, California, US

This isn't something that's going to happen often enough for you to make money at it, and it sounds like there's a chance the downside could be big (lots of flak, bad rep, police accusing you of porn, etc). You're not even using the photos for anything in your port.

Give a big potential downside, no significant upside, why even consider it? If the upside is a chance to toe the line, that's another matter but it doesn't sound like that's the case.

Sep 17 06 03:03 pm Link

Photographer

James Jackson Fashion

Posts: 11132

Philadelphia, Pennsylvania, US

Bob Randall Photography wrote:

Excuse me, I was responding to the respondant not the OP. You might want to tone down the lettering in your response, I travel a lot.

I think he was responding to the respondent as well... not you... your point was well made. smile

Sep 17 06 03:04 pm Link

Photographer

Marcus J. Ranum

Posts: 3247

MORRISDALE, Pennsylvania, US

Do it under an assumed name. Tell everyone your name is Jerry Falwell.

mjr.

Sep 17 06 03:05 pm Link

Photographer

J & X Photography

Posts: 3767

Arlington, Virginia, US

Cspine wrote:
This post will undoubtedly turn into another debate over art and naked kids but hopefully a few will bother to read and understand my question.

I did some photo work for an 18 y/o nudist and now her 16 y/o sister started saving up to hire me for a shoot.  It's portrait work, obviously not porn. Her family is nudist and obviously have no problems with it. She contacted me and is paying me, I have no interest in using the photos for anything, not even portfolio.

I'm a fairly low volume alt photographer in a medium small hippy/college town, should I allow her to be nude? I know it's legal but I don't want a bad rep from those who think differently. I'm not worried about legaity or morals, that dead horese has been well beaten. Look at my portfolio and tell me if a guy that does work like mine can do nudist portraits with reasonable acceptance.

"but Judge, her family are nudists...."

Dude...you're asking for trouble.  Wait 2 years, then shoot her...unless you want to go to prison and be labeled a sexual offender the rest of your life.

Sep 17 06 03:06 pm Link