Need some help.... NUDE Baby Shots... Illegal?

Hello,

Ive been trying to do some research...
In the last year I have started a photography buisness, doing mostly portraits, and a few weddings.

Lately Ive been asked to do much more children and even Babies (<1.5 years old)

Just wondering what is legal in the US, or NY for that matter.

I just dont want to get my-self in trouble....

Just wondering if butt (no genitals showing) or a baby girl w/o a shirt is a child porn risk.

Also with a model release are these ok to be used in a portfolio?

Please help.

Joe

When taking baby shot's I myself make sure that the genitals are not showing, bum (Butt) within the shots seems ok with mum and dads hear within the UK.

Do yourself a big favour and get proper legal advice on this issue from a professional lawyer. It might cost you (though I think you can get free consultansies somehow) but in the long run its far better to know your full legal position and any possible pitfalls that might occur. It's also something you can defend yourself with rather than "well this guy on the internet said".

I agree w/ the above.... I was just hoping some one already did that and could share the outcome.

legalities aside if you will, there are very practical reasons to not shoot a naked baby over the age of 12 months. For one thing, you are far, far more likely to get the boys bits or the girly bits in a shot when they are so mobile and THAT is a huge, huge NO NO. Also, Once a baby starts to walk, their glutemous muscles develop in a far different way than when they were not upright. The butt becomes more rounded, more muscular, less fat, less "innocent" for lack of a better word. In my opinion, it just ISN'T THE SAME THING, it's not the same "look" as shooting the newborn -10 months. That's my opinion, for what it is worth, regardless of what the legality is.
As for older children, little girls for example, no, I won't shoot them shirtless. Boys yes, girls older than 12 months, not a chance in hell. Double standard, whatever, it is what it is. I see no reason whatsoever to even take a chance on someone questioning my photography in that regard and I just won't do it.

Here is one sutch shot that i need input on. it is posed on here with written permition from her parents. 2010 Easter shoot.
she is > a year, but less than 1.5.....
The parents loved this picture... I captured it when her mother changed her out of a easter dress and into a white button up shift.

I find nothing sexual about this shot all.... please give me your comments. I dont want to leave this photo active forever, so please respond quickly.

Byte size: ZERO | Content warning: NOT AN IMAGE

To me there is nothing wrong with the bunny picture. I see NOTHING sexual about it at all. It is a little girl with bunny ears on, nothing less nothing more. When I see it I don't see "boobs". I see a little girl.

In my opinion a pervert will see something different. BUT a pervert can make ANY picture of a little boy or a little girl into something different. It won't matter if they are fully clothed.

Hypocritical as it might sound, I find nothing wrong with that photo at all. I don't photograph topless female children over a year old, as I've stated many times in this forum, but I reserve my right to be a hypocrite and judge each case as it comes. : ) Part of being a good photographer is knowing the "rules" (self imposed or societal) and having the judgement to know when it is ok to break them. Really cute pic.

IMHO, if you find ANY topless pic of a child sexual -- there is definitely something wrong with YOU!

again, IMHO.

now, is it illegal? honestly, i dont know. consulting a lawyer is your best bet.

-MasterChief- wrote in post #9900370
IMHO, if you find ANY topless pic of a child sexual -- there is definitely something wrong with YOU!

again, IMHO.

now, is it illegal? honestly, i dont know. consulting a lawyer is your best bet.

I agree. By definition, if you find pics of topless children "sexual" and get some kind of charge out of it, there IS something wrong with you. However, in this whacked out age of political correctness and with the perverts that are out there, we as photographers have to consider this very real issue AND seem to be held to a higher standard. We've all heard the horror stories of people getting called out for sending pics of their kids in the bathtub to photo processing places and getting in trouble for it. We don't have to agree with society's standards of what is ok and what is not, but we have to navigate those tricky waters and live with it.

^^ AGREED!

suecassidy wrote in post #9901176
I agree. By definition, if you find pics of topless children "sexual" and get some kind of charge out of it, there IS something wrong with you. However, in this whacked out age of political correctness and with the perverts that are out there, we as photographers have to consider this very real issue AND seem to be held to a higher standard. We've all heard the horror stories of people getting called out for sending pics of their kids in the bathtub to photo processing places and getting in trouble for it. We don't have to agree with society's standards of what is ok and what is not, but we have to navigate those tricky waters and live with it.

I totally agree with you.

I really figured more of the more experienced newborn/child photographers would chime in here. Maybe they still will

i shoot newborns.
i'm not a lawyer.
i've never shot a newborn clothed.
most of my newborns are under nine days.

suecassidy wrote in post #9901176
I agree. By definition, if you find pics of topless children "sexual" and get some kind of charge out of it, there IS something wrong with you. However, in this whacked out age of political correctness and with the perverts that are out there, we as photographers have to consider this very real issue AND seem to be held to a higher standard. We've all heard the horror stories of people getting called out for sending pics of their kids in the bathtub to photo processing places and getting in trouble for it. We don't have to agree with society's standards of what is ok and what is not, but we have to navigate those tricky waters and live with it.

Or, we could, like many of the greatest artists in history, create art that asks society to examine itself.

BE SURE to consult an attorney who is knowledegeable about this subject. Be aware that many times laws vary from state to state. Sometimes "community standards" will further complicate state laws. This is not go alone business. Spend the money for a qualified attorney and keep yourself out of jail.