In the United State, is it illegal to photograph a minor in lingerie, swimwear, or nude?

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I am aware of no U.S. law which prohibit the photography of minors in simple nudity. There are laws prohibiting lewd or lascivious exhibition, implied sexual acts, or sexual acts regardless of nudity or not. These laws are often complex and untested in many cases. Many factors should be considered when deciding if the photography of nude minors is acceptable for you. I would have no problems shooting a nude infant but I would probably pass on shooting a nude 17 year old.

There are other issues to consider. How will the images be used? Will a model release be required? Does the minor meet the age of majority in your State to legally enter into a contract? What are the risk/benefits of such a shoot? 2257 requirements is not an issue because 2257 only applies for sexually explicit images and sexually explicit image of minors is illegal.

  • David Bennett

    would you chance it? it falls under the child pornography laws. hence why walmart will NOT give you your photo’s of a naked baby anymore in the bath.. we all had those pics taken and put in albums to laugh at us later on… You pic up a Playboy mag.. no sex but its still considered pornography because its showing private parts of a woman or man. If you say well im not going to show those parts just implied then its still implied and you have to think about what that will do to your name. even if its legal its still implied nudity of a minor. frowned upon.