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  1. #1

    Default Nude Images Shared with Minors

    My question involves juvenile law in the State of: South Dakota
    Forgive me if this is the wrong section.

    First off, my images only depict adults, and none of these images depict myself.
    I'm an artist and I create nude portraits (photographs). However, I don't trust society to agree with me that these are "art." So, for this discussion: assume that they're non-artistic nudes.

    I have large prints of my images on my wall. If a minor comes into my home and sees them, have I committed a crime?
    And if I'm outside of my home and show these images to anyone else that's underage, e.g. a family member, have I committed a crime?
    I'm assuming not (at least in the first case), because I imagine that otherwise every parent who watches a T.V. show with nudity while a minor is present would be a criminal.

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Nude Images Shared with Minors

    Post hx

  3. #3
    Join Date
    Jan 2006
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    38,867

    Default Re: Nude Images Shared with Minors

    Parents are excused from the law you suggested they may be violating in South Dakota. It is specifically listed as an affirmative defense to the applicable law.

    Have you actually read the laws of South Dakota that apply to your questions? That would be a good place to start. From what I’ve read, it would depend on whether the work was considered to be obscene and the intent of why or how the child was exposed to the work. I don’t find that incidental exposure itself would be criminal unless associated with some nefarious intent but that was not based on anything close to exhaustive research.

  4. #4

    Default Re: Nude Images Shared with Minors

    Quote Quoting jk
    View Post
    Parents are excused from the law you suggested they may be violating in South Dakota. It is specifically listed as an affirmative defense to the applicable law.

    Have you actually read the laws of South Dakota that apply to your questions? That would be a good place to start. From what I’ve read, it would depend on whether the work was considered to be obscene and the intent of why or how the child was exposed to the work. I don’t find that incidental exposure itself would be criminal unless associated with some nefarious intent but that was not based on anything close to exhaustive research.
    I did now. I had assumed it would be a federal law, and I wasn't able to find relevant material. It looks like this is covered in SD's 22-24-25 to 22-24-37.

    Based on what I read, if it's not agreed that my work is artistic, then it becomes a major gray area -- definitely too much risk. This is helpful to know because not only must I hide my posters or keep minors out of my home, but also: I must be sure that my models don't bring underage friends with them to their shoots. I suspect that if the friend saw an image on the back of my camera, I'd be at risk.

    Thanks for your help.

  5. #5
    Join Date
    Oct 2016
    Posts
    3,979

    Default Re: Nude Images Shared with Minors

    Having a minor around the production of pornography could indeed get you into some trouble.

    I'd strongly suggest you stay away from minors as much as you possibly can.

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