Regulations and Ordinances for Topless Photography in Areas Open to the Public

My question involves criminal law for the state of: South Dakota

First: no crime has been committed, and I have no intention of breaking the law.

I'm a photographer, and I'm interested in doing topless shoots. The state doesn't ban this, per 22-24-1.1 ... 22-24-1.2 ... 22-24-1.4.

However, the county Pennington seems to. I can't fully understand what I'm reading, though. See here for Ordinance 466: http://www.pennco.org/index.asp?SEC=...6&Type=B_BASIC

First, the county separately defines semi-nude and nude. Semi-nude allows toplessness, but nude does not.
In their materials however, they seem to use them interchangeably. For example, in one instance they have rules regarding semi-nudity, though using the term nudity instead would have served the intended purpose more accurately (26.3 -- by the way this was written, they can expose their genitals but not their breasts!)
Also, nudity is comprehensive (26.11) and covers everything that semi-nudity does (26.15.)
So, do they actually allow semi-nudity where it's not specifically banned (when they say "nudity" without also saying "semi-nudity), and it's a mistake in their writing to have caused the definition of nudity to create all the same rules that semi-nudity does?

Second, they seem to be addressing conduct in public as a whole - regardless of whether business is involved, though it's written specifically for "adult oriented business." And I say that because they mention allowing a single breast to be exposed for breastfeeding (4.B). So, which is it - is it for certain kinds of businesses, or is it also for people's conduct in general?

Note: Their rules regarding business wouldn't apply to me, because: I won't work with more than 1 model at time, I won't advertise that one is available for viewing, and I won't have students present (10 A-C.) Though I'm hoping to shoot outdoors, in which case this wouldn't apply anyway. But if I shoot indoors instead, then by this criteria I'm exempt.

Note: I don't want to take my models where there are a lot of people. I'd prefer privacy, but there's the possibility of a stranger walking through where ever I go if I'm on public land - and I have no private land to shoot on. Thus, I need to know if public toplessness is banned or not.

Another question: Would I be allowed to do this on forest service land? ...

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Meade county has almost the same rules, but theirs seem to strictly apply to adult-oriented businesses. It seems they don't have a general ban on female toplessness?
https://static1.squarespace.com/stat...Businesses.pdf

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Also, unless I missed it - the county of Custer appears to not have anything on the books regarding any of this. http://www.custer.govoffice.com/inde...DD&Type=B_LIST

Does that mean public toplessness is allowed? That seems too simple and too good to be true. That would mean full nudity is allowed also, even in the city, which seems ridiculous.

Thanks!

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Quoting johnbrown

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Does that mean public toplessness is allowed? That seems too simple and too good to be true. That would mean full nudity is allowed also, even in the city, which seems ridiculous.

Thanks!

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If the County has no rules on it that does not invalidate the city ordinances that apply in the city. In the city, you still need to follow the city rules.

I suggest you discuss what you want to do with a local attorney. You can’t get legal advice here and you don’t want to rely on what anonymous people on the internet tell you.

It should go without saying but I’ll say it anyway — make absolutely sure the models are all at least age 18.

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Quoting Taxing Matters

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If the County has no rules on it that does not invalidate the city ordinances that apply in the city. In the city, you still need to follow the city rules.

I suggest you discuss what you want to do with a local attorney. You can’t get legal advice here and you don’t want to rely on what anonymous people on the internet tell you.

It should go without saying but I’ll say it anyway — make absolutely sure the models are all at least age 18.

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Yes, I'll be checking the ID of anyone I don't already know.

Would it be reasonable to, instead of asking an attorney (cost), speak directly to a deputy? After all, they'd be the ones arresting me if there's a complaint.

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Quoting johnbrown

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Yes, I'll be checking the ID of anyone I don't already know.

Would it be reasonable to, instead of asking an attorney (cost), speak directly to a deputy? After all, they'd be the ones arresting me if there's a complaint.

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Most lawyers give free consultations so find one that does that and you can get about 30 minutes out of them. I wouldn't go ask a police officer. A lawyer is going to know more than they will.

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Quoting qwaspolk69

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Most lawyers give free consultations so find one that does that and you can get about 30 minutes out of them. I wouldn't go ask a police officer. A lawyer is going to know more than they will.

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I had no idea about that, nice! It would be a good idea to do that, yes.

I'm also thinking about (I didn't remember this when I made my last post) the possibility of being arrested or fined even if I didn't break any rules. I've heard about other photographers having this happen. So, even if I'm within the law, I should make sure the LE aren't going to get upset? An attorney can't help me with that?

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Quoting johnbrown

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I had no idea about that, nice! It would be a good idea to do that, yes.

I'm also thinking about (I didn't remember this when I made my last post) the possibility of being arrested or fined even if I didn't break any rules. I've heard about other photographers having this happen. So, even if I'm within the law, I should make sure the LE aren't going to get upset? An attorney can't help me with that?

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You can't predict what the police are going to do or not do. How are you going to make sure they don't "get upset?" I wouldn't worry about it. If you're doing everything by the law and get arrested you don't say a word, you ask for a lawyer and go from there.

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Quoting qwaspolk69

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You can't predict what the police are going to do or not do. How are you going to make sure they don't "get upset?" I wouldn't worry about it. If you're doing everything by the law and get arrested you don't say a word, you ask for a lawyer and go from there.

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Thanks, mate.

It's tricky, as you probably have learned this summer. There are city ordinances, as well as county regulations, state laws, and national (federal) park, wilderness, and monument rules. Some activities are permitted only if they are non-commercial. That's the bad news. The good news is this: Almost all stewardship entities that oversee public properties have a public information officer (sometimes disguised as a "media contact"). They may have brochures, links to websites that explain the do's and don'ts, etc.

More importantly: NO NO NO! Do not "make sure" your nude or partially nude models are of legal age! "Making sure" will land you in a world of hurt. You need to document that fact in a rational way and preserve all of your records and documentation forever (as long as the publication, if any) is out in public -- on the Internet, that means forever.

Jotting down the name, date of birth and the drivers license number is insufficient. That is to say, it's just fine -- until it isn't. Then, he/she is long gone and you have a big problem. Ever see a fake I.D.? No? Go to any college town and you will find plenty of them floating around. And no, the fact that an underage person showed you a fake I.D. will not help your case in many jurisdictions. It's your duty to be sure.

Jurisdiction example: In California, we have miles and miles of beaches. The first 1,000 feet above average high tide is public, even if it's in front of someone's private beach/house. Then we have city parks that include beaches, county beaches, state parks, military bases, and so on.

Be honest: if you want to take nude photos as a hobby, say so. If you are engaging in a commercial venture, be right up front with that! The movie industry shoots nude or partially nude scenes at the beach all the time. They obtain a permit to do so and are subject to reasonable time, place, and manner restrictions (like production assistants providing a buffer between the public and the shoot).

You want to be cheap? Make arrangements with someone who lives at the beach and get their permission to shoot in front of their house. Trust me: that works great. But that requires doing some prep work, like going to a location you like a day or two before the shoot, walk around and ask people ALREADY OUTSIDE ON THE BEACH if they would allow you to shoot on the beach in front of their house. Do not ring door bells or tap a quarter on the sliding glass door! Someone will give permission. Be courteous and clean up after your shoot. If the property owner wants a copy of one of the photos, make it a small one (small file) and put your watermark on it. How to do that is available online as well.

Be brave, get your shoot! It's also a good idea to have a helper with you to aid you in protecting your models. (the voice of experience here)

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Quoting Karen Kraft

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It's tricky, as you probably have learned this summer. There are city ordinances, as well as county regulations, state laws, and national (federal) park, wilderness, and monument rules. Some activities are permitted only if they are non-commercial. That's the bad news. The good news is this: Almost all stewardship entities that oversee public properties have a public information officer (sometimes disguised as a "media contact"). They may have brochures, links to websites that explain the do's and don'ts, etc.

More importantly: NO NO NO! Do not "make sure" your nude or partially nude models are of legal age! "Making sure" will land you in a world of hurt. You need to document that fact in a rational way and preserve all of your records and documentation forever (as long as the publication, if any) is out in public -- on the Internet, that means forever.

Jotting down the name, date of birth and the drivers license number is insufficient. That is to say, it's just fine -- until it isn't. Then, he/she is long gone and you have a big problem. Ever see a fake I.D.? No? Go to any college town and you will find plenty of them floating around. And no, the fact that an underage person showed you a fake I.D. will not help your case in many jurisdictions. It's your duty to be sure.

Jurisdiction example: In California, we have miles and miles of beaches. The first 1,000 feet above average high tide is public, even if it's in front of someone's private beach/house. Then we have city parks that include beaches, county beaches, state parks, military bases, and so on.

Be honest: if you want to take nude photos as a hobby, say so. If you are engaging in a commercial venture, be right up front with that! The movie industry shoots nude or partially nude scenes at the beach all the time. They obtain a permit to do so and are subject to reasonable time, place, and manner restrictions (like production assistants providing a buffer between the public and the shoot).

You want to be cheap? Make arrangements with someone who lives at the beach and get their permission to shoot in front of their house. Trust me: that works great

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Please check the dates before you post.

What?

Did I miss something here?

His question was posted in late June; it's now early September. The beaches are filled with folks.

Was this thread supposed to be closed?

What did I do wrong?

When a thread has been idle for several months with no activity from the OP, it is generally considered a dead thread on just about any forum. While it may not be closed, it is still out of form to post to a dead thread (necroposting) when there is no evidence the OP is even reading it anymore.

The purpose of the reply was two-fold: to answer questions for the OP and also to engage in a general discussion on the topic.

If you would like to limit posts to folks familiar with Secret Code of Conduct, just say so up front.

Not wanting any new members in your forum? Okay. I got that.

Indeed, in many discussion platforms, people are talking about the Civil War and related statuary.

It's not like I was bumping my own thread, just trying to participate. Sorry I hurt your forum, boys.

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Quoting Karen Kraft

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If you would like to limit posts to folks familiar with Secret Code of Conduct, just say so up front.

Not wanting any new members in your forum? Okay. I got that.

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You're a sassy little thing, aren't you? First, not my forum. Where did you get that we don't want new people? We always welcome new people to contribute. There are just rules of etiquette that apply, the same ones as virtually every other forum in existence. Once of those is, don't resurrect dead threads.

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Quoting free9man

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You're a sassy little thing, aren't you? First, not my forum. Where did you get that we don't want new people? We always welcome new people to contribute. There are just rules of etiquette that apply, the same ones as virtually every other forum in existence. Once of those is, don't resurrect dead threads.

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Wow, Cupcakes, I sure would like to see your research regarding "virtually every other forum in existence." Just put the data in a DropBox link.

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Quoting Karen Kraft

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Wow, Cupcakes, I sure would like to see your research regarding "virtually every other forum in existence." Just put the data in a DropBox link.

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Perhaps you would prefer to take up the "discussion" with a mod.

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Quoting Karen Kraft

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The purpose of the reply was two-fold: to answer questions for the OP...

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Who is apparently long gone.

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Quoting Karen Kraft

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...and also to engage in a general discussion on the topic.

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Then don't hijack someone else's thread. If you have a question or want to start a "general discussion" then start your own.