Cute Baby Pics vs. Child Porn

[hmiles619]

I have a potential client that wants me to take pictures of her son for Christmas cards, etc.

She also mentioned taking naked pics of him.

He just turned 1yr, and it brings up the question of child porn. I'm sure that there are laws on the books saying what is legal and what isn't. I want to find out what that line is, and stay as far away from it as possible. Can anyone let me know what the rules or guidelines for this are?

[frameworthy]

I'm not sure of the rules/guidelines, but I will say that I vaguely remember an article in Pop Photo awhile back about people (grandparents specifically) getting prosecuted for naked pictures of their grandkids.

I'll poke around on the internet to see if I can find any other articles.

[HeatherLou]

I don't know what the law is, but my general rule is they have to be a year or under, and only the bum shows. So that means the subject either has to be on its tummy, or sitting with its bum facing camera and baby looking over its shoulder. No full frontal nudity here! LOL

[JohnT]

Originally Posted by Heatherlou

I don't know what the law is, but my general rule is they have to be a year or under, and only the bum shows. So that means the subject either has to be on its tummy, or sitting with its bum facing camera and baby looking over its shoulder. No full frontal nudity here! LOL

I think this is a very good policy.

[ggeen]

It really comes down to someone saying "I will know it when I see it." Heather has a good rule that I think should keep you out of trouble. All I can say is, if you are uncomfortable with it then don't do it. Listen to your instincts. If you do agree, make sure the adult is a legal gardian and that you get written concent prior to the photo shoot. You may beat the rap but you may nay beat the ride.

My neighbor's wife has pictures of their children in situations like the bath tub, but the soap bubbles obscure from visibility any "objectionable" parts.

From the Texas Penal Code: http://www.statutes.legis.state.tx.u...2085.53404.htm
Sec. 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a) In this section, "promote" has the meaning assigned by Section 43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual desire of any person;
(2) photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is a bathroom or private dressing room:
(A) without the other person's consent; and
(B) with intent to:
(i) invade the privacy of the other person; or
(ii) arouse or gratify the sexual desire of any person; or
(3) knowing the character and content of the photograph, recording, broadcast, or transmission, promotes a photograph, recording, broadcast, or transmission described by Subdivision (1) or (2).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
(e) For purposes of Subsection (b)(2), a sign or signs posted indicating that the person is being photographed or that a visual image of the person is being recorded, broadcast, or transmitted is not sufficient to establish the person's consent under that subdivision.

[Bob_S]

You'd be shocked at what the FBI does NOT consider child porn. For them it isn't what the picture shows but rather what message it is trying to convey. I tried reporting a site to them one time and they said it was "art" since it wasn't sexual in nature; posed only, no acts going on. I couldn't believe what they were telling me.

[C!LLY]

There is a movie called dirty pictures with James Woods that really touches on this subject. I personally was kinda turned off by it because of some of the subject matter, but watched it for informational purposes...and because nothing else was on.