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Are Non-Nude Preteen Images Legal in New Jersey

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  • 04-29-2012, 04:16 PM
    ErikDowers1993
    Are Non-Nude Preteen Images Legal in New Jersey
    My question involves criminal law for the state of: New Jersey

    Good Day everybody,

    I was bothered by this question, I want to know if pictures of 12-17 year old models are allowed. If Non-Nude images of these minors are legal, why doesn't the government pass a bill to make it illegal?
  • 04-29-2012, 04:40 PM
    cdwjava
    Re: Are Non-Nude Preteen Images Legal in New Jersey
    Quote:

    Quoting ErikDowers1993
    View Post
    My question involves criminal law for the state of: New Jersey

    Good Day everybody,

    I was bothered by this question, I want to know if pictures of 12-17 year old models are allowed. If Non-Nude images of these minors are legal, why doesn't the government pass a bill to make it illegal?

    Why should it be illegal to have pictures of minors? If they are non-nude, then what's the issue that has you so wound up?
  • 04-29-2012, 04:49 PM
    LawResearcherMissy
    Re: Are Non-Nude Preteen Images Legal in New Jersey
    Quote:

    If they are non-nude, then what's the issue that has you so wound up?
    At a guess, based on what I've seen with one of my contracts, he's probably talking about the lolita-type underwear/bathing suit shots that just skirt the line. The girls in such photos are typically highly sexualized - glammed up makeup, seductive poses, come-hither stares.

    They're...pretty gross. Kids shouldn't be exploited like that.
  • 04-29-2012, 04:54 PM
    Dogmatique
    Re: Are Non-Nude Preteen Images Legal in New Jersey
    And that's why Toddlers & Tiaras makes me want to vomit.
  • 04-29-2012, 04:56 PM
    cdwjava
    Re: Are Non-Nude Preteen Images Legal in New Jersey
    Quote:

    Quoting LawResearcherMissy
    View Post
    At a guess, based on what I've seen with one of my contracts, he's probably talking about the lolita-type underwear/bathing suit shots that just skirt the line. The girls in such photos are typically highly sexualized - glammed up makeup, seductive poses, come-hither stares.

    They're...pretty gross. Kids shouldn't be exploited like that.

    Ah. Well, while I understand the revulsion, any law trying to discern between proper and improper would have the potential to be abused and would likely be fraught with 1st Amendment challenges.

    Distasteful and objectionable, certainly. A law to make them illegal, impractical.

    Quote:

    Quoting Dogmatique
    View Post
    And that's why Toddlers & Tiaras makes me want to vomit.

    Gads, I HATE that show! The parents that promote that disgust me. Ugh!
  • 04-29-2012, 05:16 PM
    PandorasBox
    Re: Are Non-Nude Preteen Images Legal in New Jersey
    If these teens are specifically modeling for a photographer...it is a good idea to get not only a Model Release Form signed, but also a parental release signed.

    You will notice in a lot of states....even to get a class photo or year book photo done, there is a release form.

    I'm 39....I tried modeling, and yes, I had to sign a Consent Form.

    If you are going to take pics, I would recommend a consult with a lawyer, or atleast a book on the legalities involved with photography of anyone at any age.
  • 04-29-2012, 05:17 PM
    LawResearcherMissy
    Re: Are Non-Nude Preteen Images Legal in New Jersey
    Quote:

    Distasteful and objectionable, certainly. A law to make them illegal, impractical.
    I agree. Laws like that are what get parents arrested for taking "playing in the bathtub" pics of their toddlers.

    Quote:

    And that's why Toddlers & Tiaras makes me want to vomit.
    I got into a big fight with a dance Mom a few years ago over sexualizing young kids for performance's sake. Ten year-olds dressed up like Britney Spears, writhing around on the stage? OMG. The woman was calling US whores and sluts for dancing like this, while her ten year-old was rolling around on the floor, flashing her crotch, grabbing at her chest, and sucking her finger at the audience. Holy Allfather, was I ever pissed.
  • 04-29-2012, 07:25 PM
    PandorasBox
    Re: Are Non-Nude Preteen Images Legal in New Jersey
    "Toddlers and Tiaras".....ugh. The parents should be brought up on charges for sexualizing their kids.

    Sorry, no child needs makeup. No child needs their hair dyed. No child needs to be performing sexual movements. No child should be made to wear provocative clothing. Let alone false eyelashes. Or even fitted for veneers for the perfect teeth.

    When they are 18...let them decide if they want to be a stripper or pole dancer. Until then...
  • 04-30-2012, 08:10 AM
    Mr. Knowitall
    Re: Are Non-Nude Preteen Images Legal in New Jersey
    Quote:

    Quoting LawResearcherMissy
    View Post
    At a guess, based on what I've seen with one of my contracts, he's probably talking about the lolita-type underwear/bathing suit shots that just skirt the line. The girls in such photos are typically highly sexualized - glammed up makeup, seductive poses, come-hither stares.

    They're...pretty gross. Kids shouldn't be exploited like that.

    There actually have been a few prosecutions of that type of site, and there's federal case law supporting prosecution for certain types of shot; I don't care to get into the details. The big question, though, is where the site is hosted - if it's in another country, there's only so much we can do from the U.S even if they're crossing the "unduly suggestive, even if posed" line. (That's not the legal standard, just a shorthand version.)
    Quote:

    Quoting PandorasBox
    View Post
    "Toddlers and Tiaras".....ugh. The parents should be brought up on charges for sexualizing their kids.

    Sorry, no child needs makeup. No child needs their hair dyed. No child needs to be performing sexual movements. No child should be made to wear provocative clothing. Let alone false eyelashes. Or even fitted for veneers for the perfect teeth.

    No one needs to watch rich 'housewives' acting like junior high students either, as they flaunt their wealth before a camera. But alas, our nation loves to watch the 'slow train wreck'.
  • 04-30-2012, 10:11 AM
    LawResearcherMissy
    Re: Are Non-Nude Preteen Images Legal in New Jersey
    Quote:

    The big question, though, is where the site is hosted - if it's in another country, there's only so much we can do from the U.S even if they're crossing the "unduly suggestive, even if posed" line.
    From what I've seen during my work with that employer, it seems that many (if not most) such sites catering to prurient interests are hosted in Russia. It's a ghastly chore to track down their origin and file a report so said employer can block the site from search results. Bleah.

    There have recently been some dustups in the fashion world about such shots, most notably over Paris Vogue's shoot of ten year-old Thylane Blondeau last year, and the UK's banning of an ad featuring actress Dakota Fanning as too suggestive. And let's not forget Abercrombie's catalogues - soft core porn, essentially.

    I really wouldn't mind seeing more prosecutions for such shoots. In the US and Europe, we seem to be skirting ever closer to the line between art and exploitation.
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