I was wondering if it's illegal to take pictures of a baby while he's naked, for example. I'm mostly asking for babies, but it would be nice to know what age is ok to do it.


Yes, it's legal. To be illegal, the photographs would have to be obscene or pornographic. Nude people, ordinarily photographed, doing non-sexual, non-excretory things are neither. However, I would strongly advise caution, particularly if you plan to display or share these photographs. There are definitely cases of people who have been charged with sexual exploitation of a minor for sharing nude photographs of their children.

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  • Cool. The fact that it's legal... stems from the fact that it isn't illegal? (sic), that there is no place in law where it says it isn't? Or how else? Thank you! – Santropedro Nov 7 '16 at 22:03
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    @Santropedro, basic principle of US law: if it's not explicitly forbidden, it's permitted. – Mark Nov 8 '16 at 3:07
  • @Mark Thanks mark that is very useful! What I'm left wondering is what exactly says the law about that. For example two cases 1) It says nothing 2) It says it's permitted. I want to know wich case it is in USA law. – Santropedro Nov 8 '16 at 12:41
  • @Santropedro It's a little bit of both. For one thing, you can look at the laws against sexual exploitation, child pornography, and so on to see what they do and don't cover. But court cases in the United States also set precedent, and you can look at precedent setting court cases both to see what the laws have been held to cover and not cover and also what has been held to be explicitly protected by the Constitution. – David Schwartz Nov 8 '16 at 17:54
  • @DavidSchwartz The link in your answer doesn't work at my computer. Seems it works for others using "is it down for me" service. – Santropedro Nov 8 '16 at 19:09

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