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Ontario to photographer: No nude shots of students

Wigwam Jones , Mar 17, 2007; 10:25 a.m.

When I read this news story, my first thought was "Oh no, another pervert photographer caught taking nudes in a locker room with a hidden camera" or something of that nature.

But then, as I read the story, it because clear that the girls photographed had been voluntarily photographed in the nude at the photographer's studio. So I thought to myself, "Oh, so they were underage. Bummer, the photographer should have checked."

Then I read that both young ladies (the high school students) were 18 years old. I don't know what the law regarding the ability to enter into a binding contract is in Canada, but in the US, it's 18. So for this purpose, in the US, those kids would be adults and fully capable of agreeing to pose nude. In fact, there are dirty magazines that are devoted to only raunchy photographs of 18-year-olds.

So I wasn't sure what the whole story was about. Turns out, the (female) photographer did nothing illegal, although it was mentioned that had the two girls been under 18, it would have been a felony. Yes, I took money out of the bank yesterday. Had I done it with a gun in my hand, it would have been robbery. The point being what? The writer wished it was a felony? The writer felt it important that we know it could have been a felony but for want of a birthday?

The photographer took nude photos of two 18-year-old girls who were both still high school students (ah, that's the thing), carefully checked their ID, both signed contracts of their own free will, and their photos ended up on a website that the government is apparently monitoring, according to the story.

So where was the crime?

Well, no crime, apparently.

But Ontario is not going to allow it anyway. Funny, I usually envy Canada their laid back, less puritan attitudes towards sex, nudity, and so on, compared to the US. Apparently, this is not always the case.

In any case, here is the story and the link to it.

(link)

***QUOTE***

Ontario to photographer: No nude shots of students

James Goodman Staff writer

(March 17, 2007) ? VICTOR ? An Ontario County woman who photographed at least 13 women ? including two Victor high school students ? for an adult Web site has agreed not to take any more photos of high school students.

"She understands that photographing high school students is not in their best interests," said Ontario County Sheriff Philip Povero.

The photographer made the commitment after being interviewed by sheriff's deputies on Friday. No criminal charges were filed.

All of the women photographed were 18 or older, including the two women who at the time were seniors at Victor Senior High School, Povero said.

Most of those photographed posed topless and voluntarily entered into a contract with the photographer, who required proof that they were 18, Povero said. The women were paid for their modeling and gave exclusive rights to the photographer for future use of the photos, which were submitted to an adult Web site in Canada.

The name of the photographer was not released because she had not been charged with a crime. Showing sexual images of someone younger than 17 would be a felony under state law.

The investigation was reviewed with the Ontario County District Attorney's Office, Povero said.

Photographs of the 13 women were taken over the past two to three years. Sheriff's deputies, according to Povero, have been monitoring the Web site for several months. "We will continue to monitor," said Povero, noting the evidence does not show that a law has been violated.

Victor Superintendent Timothy McElheran sent out an e-mail to parents and members of the community Friday that referred to possible exploitation of several young adults from Victor.

"It is my hope that you will use this unfortunate situation to discuss the safety issues associated with the Internet and the possible threat it poses to the welfare of our young people," he wrote.

JGOODMAN@DemocratandChronicle.com

*** END QUOTE ***

Responses


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Dean Jamieson , Mar 17, 2007; 10:46 a.m.

Ontario County is in NEW YORK. Google seems to think this in the USA.

Wigwam Jones , Mar 17, 2007; 10:57 a.m.

Ah, my bad. I read that the photos were on a website in Canada, and Ontario...oh, oops. Well, my apologies, Canadians. It would seem that my initial presumption about Canadians being more laid-back about this sort of thing was correct - here it is a NY county that's forcing a stop to legal behavior. Sorry!

Charles Becker , Mar 17, 2007; 11:32 a.m.

well Wigwam-here's one Canadian who doesn't see anything wrong with advising a photographer that perhaps posting nude or semi-nude pictures of a couple of high school girls on an adult web site may not be in their best interests. I belive in photographers rights but I don't see this as being anything to be concerned about. regards, cb

Fred G. , Mar 17, 2007; 11:34 a.m.

Imagine that, a county in the U.S. forcing a stop to legal behavior. Hard to imagine! (said with irony) Where did I read that a significant number of Americans, when read passages from the Bill of Rights without knowing what they were being read strongly disagreed with a lot of it?

Charles Becker , Mar 17, 2007; 11:40 a.m.

"a county in the U.S. forcing a stop to legal behavior". Fred-where did it say she was forced to stop? cb

Wigwam Jones , Mar 17, 2007; 11:50 a.m.

"The photographer made the commitment after being interviewed by sheriff's deputies..."

We call that intimidation. It is pretty obvious they leaned on her heavily "in her best interest" as they put it. Coercion, intimidation, and threats. After all, they'd been 'monitoring' her Canadian website for over three months - why? And when she didn't do anything wrong, well, we'll just go have a little chat with her, make her see the light.

A different photographer might have told them to get stuffed. And found themselves being audited by the IRS, having their studios inspected by local zoning authorities, being pulled over for 'tail-light out' whenever they drove a car, etc.

No, no one 'made' her stop. But the 'chilling effect' of that little talk comes through loud and clear. We don't like what you do - if you know what's good for you, you'll stop it. To hell with the law.

Fred G. , Mar 17, 2007; 11:56 a.m.

Charles-- I was quoting Wigwam, not the article, in the paragraph just above your initial contribution.

Charles Becker , Mar 17, 2007; 12:10 p.m.

Hi Wigwam-I certainly understand what you are saying but it's possible you're jumping to conclusions here. As the name of the photographer was not released, I guess the newspaper could not interview her and get her take on the situation so we don't know if she felt intimidated or just agreed; it's just possible that you're jumping to conclusions. cb

Wigwam Jones , Mar 17, 2007; 12:23 p.m.

Charles, I could well be wrong about how the 'interview' went down. But I spent ten years in law enforcement, and while I'm not Sgt Joe Friday, I know some of the tactics used pretty well.

"Why don't you open the trunk and let me look inside?" is a way of saying "I can't legally search your trunk, but you really had better open it for me voluntarily." It is said as a command imperative, not a casual question. It's all about body language, tone of voice, facial expression, and people's nature fear of the police.

People who have never had an angry cop trying to 'persuade' them to do something 'in their best interest' probably have a hard time imagining such a scenario, but it is done all time - not even illegal for them to do it. They don't come right out and say that if you refuse to do what they want you to do, bad things will happen to you - they just imply.

But yes, the 'interview' could have been totally innocent. My gut tells me otherwise, but I have been wrong before.


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