Can a 16 year old legally take photographs of nude subjects?

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Can a 16 year old legally take photographs of nude subjects?

I am exploring different artistic mediums. What is the legal line between porn and art?

Asked on July 19, 2011 North Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Pornography in essence is subject matter that by the laws of this country is defined as such. Each State in this country has different definitions of pornography in their criminal stautes and case law. You need ot research what each state defines as "pornography".

The legal line between "pornography" and "art" is typically defined within each State's criminal statutes and the distinction between the two is the degree of "nudity" and whether "inappropriate" conduct of people is being depicted who are "nude".

Most States have no laws prohibiting a minor child 16 years of age from taking photographs of nude subjects who are willingly posing for the purpose of "art", not "pornography.

Good question.

 


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