Minors in Films

I am working on a new film right now, and am wondering if it would be possible for a 16-year-old actress to be portrayed topless or with only a bra on. No full nudity; the camera would not see the waist down. What are the laws regarding this? Does anyone know if Minnesota is an exception to anything?
 
I'm just commenting off the cuff, but I don't think you can show underrage titty anywhere. I believe that's illegal. Besides, in my opinion, that's a good law, for good reason. I don't think 16-year-olds, in the context of our society, should be asked to do that. Get a young-looking 18-year-old for the part.
 
Difficult question. This is just my opinion & experience. I am not an attorney, nor am I giving legal advice.

I was at one seminar where a producer was talking about his experience running afoul of all kinds of legal issues in Utah - and rescheduling to reshoot some scenes in a neighbouring state, where there were no issues at all. Problematic, but it was interesting to see how accomodations need to be made to keep inline with local laws, theoretically based on popular local mores.

There's also been the more recent phenomena of "sexting", where minors have sent topless (or even just underwear) images of themselves to boy/girlfriends, etc, and ended up with various felony kiddie-porn charges leveled at them. (PA had several high profile incidences of this, in the past few years)

Without an attorney having vetted your particular situation, I wouldn't even think about it. Not even a bra situation. I'd even shy away from having an 18+ actor playing the part of a topless minor, without legal counsel.

Also, keep in mind how this might affect your potential distribution.

Good luck. :)
 
There is no reason why you can't hire an 18 year old actress. On screen no one can tell the difference.

Kiddie porn is definitely illegal. Calling it 'art' is not going to keep the feds from seizing your hard drive and locking you up.
 
How should I go about setting up a release form? Do I need a lawyer?

That you'd ask this question means I'm changing my response to "don't do it."

A release form is a legal permission slip from an actor or musician or the owner of a location or prop giving you permission for it to be in your film.

You should have one signed for everything tangible that appears in your film.
 
Brooke Shields was 12 in "Pretty Baby" I believe. That involved total nudity.

That said, the film was banned in various areas in Canada, and Louis Malle, the director, has been hounded as a child-porn promoter ever since.

It may generate PR, but it's not the kind of PR you want.

DONT DO IT.
 
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Many scenes in films that are suggestive have the actor/actress wearing coverage that is off camera so they are comfortable on set, even when they are supposed to be naked on screen. Even that should have signed parental permission as the resulting film, when cut together, will give the impression of nudity - that your actress will have to live with and may affect her life years down the line - especially if she runs for any type of public office.
 
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