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From time to time I am as if I will photograph a minor - someone under 18 that is not nude, but it may be implied. an example is if someone is peeing out behind a door in shorts and a tank top and all you see is the leg, head arm and shoulder. The model may be completly covered, but the image IMPLIES nudity. The answer is quite simple. NO.
Another question that comes on occasion is can I shoot a model on location, such as their home if their children are there. This may be at a late hour when they are in bed. Once again, NO. If a minor walks into the room when I am photographing, or setting up, or any time that I am there, and the Adult is in any type of outfit that can not be worn in public, that can technicaly be considered child exploitation. That is something that I will NOT be a part of.
Also, I have found this which may help if you have questions:
Even with permission of a guardian, people under 18 cannot
be photographed nude. This law confuses some people.
There are many states that allow marriage and relations
with people under the age of 18. In the UK, there is the
Sexual Offenses (Amendment) Act 2000, (2000 Chapter 44)
which allows relations with people over the age of 16.
There is also the Protection of Children Act, 1978
that does not allow photographs of a child that can be
considered indecent. The Sexual Offenses Act 2003 came
into force in May 2004, changing the age of a "child" of
such imaging, to 18. Possession of an indecent photograph
of a child is addressed by section 160 of the Criminal Justice
Act 1988.
In the US, each state says much the same thing. In California
the law is California P.C. 311.3(a)(5). There are a few
exceptions in California. If you are married to a person under
18 you may take a picture, but you can be charged with a felony
if you show it to anyone.
The federal government of the US also has a few words under
US Federal Code-- title 18. PART I--CRIMES, CHAPTER 110--
SEXUAL EXPLOITATION AND OTHER ABUSE OF CHILDREN; Sec. 2251,
warns of 10 YEARS IN PRISON for the "purpose of producing any
visual depiction of such conduct, shall be punished as provided
under subsection (d),..." and later in TITLE 18--CRIMES AND
CRIMINAL PROCEDURE PART I--CRIMES, CHAPTER 110--SEXUAL EXPLOITATION
AND OTHER ABUSE OF CHILDREN, Sec. 2256. "Definitions for chapter
For the purposes of this chapter, the term-- (1) 'minor' means any
person under the age of eighteen years."