Forums > Off-Topic Discussion > Seeking Arrangement: age verification required?

Photographer

FFantastique

Posts: 2535

Orlando, Florida, US

https://amp.tmz.com/2021/07/22/rachel-u … z-scandal/ Released yesterday.

Togs on MM do not (I hope) rely on age on MM profiles when ascertaining age for purposes of adult or not but use 2257s (see link below for details).

If an individual misrepresented their age on Seeking (link below) and engaged in consensual behavior and subsequently it came to light that such person was underage in the jurisdiction in which the act(s) occurred, how is the legal culpability allocated?

Is it with the minor?
The website?
The other party/ies?

To further complicate the question,
What if the other party/ies is/are also minors?
What if the minor is emancipated?

Who are good lawyers willing to tackle these questions?

Ignore the moral implications of all this.

Relevant links:
2257 https://www.law.cornell.edu/uscode/text/18/2257
Seeking https://www.seeking.com/

Jul 23 21 03:58 pm Link

Photographer

Ken Marcus Studios

Posts: 9421

Las Vegas, Nevada, US

BEFORE YOU SHOOT ANY PICTURES OF ANY MODEL,

In addition to getting a model release signed . . . It's most important to Check their Government Issued Picture ID . . . Drivers License, Passport, Military ID, etc.

Also it's a good policy to verify that the name matches any other ID (credit card, University ID, etc.).

Make a high resolution copy of both their ID's and file them away. Xerox or Scan them into your computer at 300 dpi.

If the model has forged their paperwork, then the blame is on them, not you.

It's pretty rare that anyone really tries to use a false ID for modeling. I've only had it happen twice in all the years I've been in business. . . . One of those models was Tracy Lords.

To address the other issues that were brought up . . . . Minors have NO rights to enter into any sort of a contract that is binding and legal.

KM

P.S. . . .  In case you are not aware, many photographers take offense being referred to as: Togs

Jul 23 21 05:07 pm Link

Photographer

Paolo D Photography

Posts: 11502

San Francisco, California, US

I don't know what this thread is about or the news "scandal" bullshit.
all the hypothetical questions asked about legal matters are for the most part going to be dependent on local laws.
so, that can't be answered on here. plus who really is qualified to give legal advice?

Just conduct yourself professionally and you'll never have a problem,
Know the laws where you live, especially if youre producing adult content.
theres nothing wrong with producing age appropriate content with a minor.

it thats simple.



side note:
now that i think about it; i havent seen any minors' profiles on here in years.
search pulls up nothing.
did this site loose the interest of the younger demographic, or something else change?
given the majority of the type of content resulting from collaborations between members it seems like a logical precaution by the company to eliminate membership to any minors.

Jul 23 21 05:27 pm Link

Photographer

FFantastique

Posts: 2535

Orlando, Florida, US

Minors can be emancipated https://en.wikipedia.org/wiki/Emancipation_of_minors

Togs is used as an abbreviation and not to create any insult, injury nor illwill.

I received a text about some of these questions and I am not an attorney in any jurisdiction so I did a little research and then shared the question because there are lawyers on MM who might be willing to share some of their expertise regarding what is normal across the nation, etc.

Some laws are enforced with discretion, so some may get into trouble if Seeking represents individual as adult, and another doesn’t expect a liar.

One of my colleagues told me of a professional who discovered that he and crew had been duped by minor misrepresenting her age and put the studio on lock down in a panic until he was sure all shot material was destroyed!

Being a professional is a great start but doesn’t ensure immunity from trouble.

Jul 24 21 07:35 pm Link

Photographer

SayCheeZ!

Posts: 20621

Las Vegas, Nevada, US

FFantastique wrote:
If an individual misrepresented their age on Seeking (link below) and engaged in consensual behavior and subsequently it came to light that such person was underage in the jurisdiction in which the act(s) occurred, how is the legal culpability allocated?

Is it with the minor?
The website?
The other party/ies?

As with anything, there can be more than one person/entity legally responsible.

The laws typically don't see the minor as being very responsible.  Case in point are many instances where a minor committed a horrendous crime (like brutal murders) and the sentenced to a few years in a Juvie facility and are free to go after they 'age out'.  Meanwhile a person that commits the same crime gets sentenced to life in prison simply because they're a year or two older.

If a website doesn't use reasonable due diligence they can be held responsible too.  That's most likely why MM will remove a persons profile when they find out they've been arrested for or accused of certain crimes.  The party doesn't have to be proven guilty in order to be removed. 

Other parties can also be held responsible, in whole or in part. 
The state of New Mexico has just enacted a law that holds gas station owners liable for selling gas to a drunk driver. I'm guessing that bartenders are probably still liable too. 

FFantastique wrote:
To further complicate the question,
What if the other party/ies is/are also minors?
What if the minor is emancipated?

While every state has laws regarding emancipation (such as separating children from parents that are abusing them), very few have the laws that most people think of when they're talking about the subject (being able to live independently and sign documents as an adult would be allowed to do). 

In ALL cases emancipation DOESN'T mean an emancipated minor is allowed to do things that adults are allowed to do (ie: an emanicpated minor can't buy liquor, can't buy marijuana in jurisdictions where it's legal, can't perform in porn... etc) . Selling liquor to or having an emancipated minor perform in a porno will have the same penalties as if the minor wasn't emancipated.

Jul 24 21 09:50 pm Link

Photographer

SayCheeZ!

Posts: 20621

Las Vegas, Nevada, US

Paolo D Photography wrote:
now that i think about it; i havent seen any minors' profiles on here in years.
search pulls up nothing.
did this site loose the interest of the younger demographic, or something else change?
given the majority of the type of content resulting from collaborations between members it seems like a logical precaution by the company to eliminate membership to any minors.

MM changed the minimum age of members to 18 a while ago.

More recently (Feb 2019) a rule prohibiting ANY MINOR from being SEEN in a photo was created.
It doesn't matter if the minor is the subject of the photo, in the sidelines (ie: a ring bearer at a wedding), or in the audience (ie: in the grandstands of a baseball game) it's not allowed on MM.

Jul 24 21 10:39 pm Link

Photographer

Paolo D Photography

Posts: 11502

San Francisco, California, US

SayCheeZ!  wrote:

MM changed the minimum age of members to 18 a while ago.

More recently (Feb 2019) a rule prohibiting ANY MINOR from being SEEN in a photo was created.
It doesn't matter if the minor is the subject of the photo, in the sidelines (ie: a ring bearer at a wedding), or in the audience (ie: in the grandstands of a baseball game) it's not allowed on MM.

thanks for the info. i was unaware.
i think the previous rule was anyone in a photo had to appear to be at least 16 years old.
so.... what if theres photos that have been in a portfolio for years and the models were minors at the time?
would those have to be deleted according to the 2019 rule?

Jul 24 21 10:59 pm Link

Photographer

SayCheeZ!

Posts: 20621

Las Vegas, Nevada, US

Paolo D Photography wrote:
so.... what if theres photos that have been in a portfolio for years and the models were minors at the time?
would those have to be deleted according to the 2019 rule?

From what I've seen or known, yes.

Jul 24 21 11:04 pm Link

Photographer

Modelphilia

Posts: 1013

Hilo, Hawaii, US

Paolo D Photography wrote:
now that i think about it; i havent seen any minors' profiles on here in years.
search pulls up nothing.
did this site loose the interest of the younger demographic, or something else change.

Seriously now, do you really not know the answer to your own question???

Not only minors, but nearly all young women have abandoned this site, and why wouldn't they?
Ain't nuttn' hapn'n heah!

That said, my policy for years has been to have the model hold up both her driver's license and the model-release beside her face while I photograph it all in one place.

AND, to get back to the original lame post, exactly WHAT are you seeking anyway?
"Seeking Arrangement"???
What are you, a sugar-daddy-wannabe hiding behind a photographer facade?

Maybe you might want to read about the death in prison of this creep in this weekend's New York Times:

https://www.nytimes.com/2021/07/24/us/r … e=Homepage

Jul 25 21 02:56 am Link

Photographer

Ken Marcus Studios

Posts: 9421

Las Vegas, Nevada, US

Modelphilia wrote:
"Seeking Arrangement"???
What are you, a sugar-daddy-wannabe hiding behind a photographer facade?

Those were my exact thoughts when I first read the OP’s message.

Jul 25 21 08:01 am Link

Photographer

SayCheeZ!

Posts: 20621

Las Vegas, Nevada, US

Modelphilia wrote:
...to get back to the original lame post, exactly WHAT are you seeking anyway?
"Seeking Arrangement"???
What are you, a sugar-daddy-wannabe hiding behind a photographer facade?...

"Seeking Arrangement" is the title of the TMZ article about a lawsuit against the company by that name .

Jul 25 21 08:08 am Link

Photographer

Eric212Grapher

Posts: 3782

Saint Louis, Missouri, US

Jul 25 21 02:54 pm Link

Photographer

Ken Marcus Studios

Posts: 9421

Las Vegas, Nevada, US

Just watched a program on a makup-artist / model that turned out to be a serial killer: Alex Tichelman

Within a two month period, she killed her boyfriend and also one of the top executives at Google, by injecting them with lethal doses of drugs. Apparently a grand jury thinks she killed at least one more. She's in Canada now, fighting extradition back to the USA.

Interesting that they met on Seeking Arrangements Website.

Seems like evil photographers are not the only ones to watch out for . . . pretty girls can kill also !

Jul 28 21 03:03 pm Link

Photographer

Frozen Logic

Posts: 27

Lewisville, Texas, US

Wow, that's scary.  We need to maintain our situational awareness even while shooting with a beautiful woman.

Jul 28 21 03:56 pm Link

Photographer

FFantastique

Posts: 2535

Orlando, Florida, US

https://en.wikipedia.org/wiki/Doug_Richard?wprov=sfti1

See allegations at end.
How does a 13 YO get to operate with apparent impunity?
And 17 is OK in UK?
It’s not in US.

Recent local and national news involving the site prompted my inquiry.
Not cited in original questions because the questions may then easily take on political overtones which may color a neutral legal analysis.

Jul 29 21 02:02 am Link

Photographer

Paolo D Photography

Posts: 11502

San Francisco, California, US

Ken Marcus Studios wrote:
Interesting that they met on Seeking Arrangements Website.

oOoH! "seeking arrangement" is a website? now this thread title makes a bit more sense.

Jul 29 21 08:41 am Link

Photographer

Brooklyn Bridge Images

Posts: 13200

Brooklyn, New York, US

Ken Marcus Studios wrote:
Just watched a program on a makup-artist / model that turned out to be a serial killer: Alex Tichelman

Within a two month period, she killed her boyfriend and also one of the top executives at Google, by injecting them with lethal doses of drugs. Apparently a grand jury thinks she killed at least one more. She's in Canada now, fighting extradition back to the USA.

Interesting that they met on Seeking Arrangements Website.

Seems like evil photographers are not the only ones to watch out for . . . pretty girls can kill also !

Shes not the only Model Murderer
Amanda Logue aka Sunny Dae very popular and well Know MM Model
Stabbed and bludgeoned Dennis Abrahamsen to death in his home along with her porn BF Jason Andrews
https://www.huffpost.com/entry/amanda-l … _n_1535574
https://www.dailymail.co.uk/news/articl … ammer.html
Another MM model was busted as an international Drug dealer.
Another had 2 boyfriends die under mysterious circumstances
There is danger on both sides

Jul 29 21 01:36 pm Link

Photographer

Modelphilia

Posts: 1013

Hilo, Hawaii, US

Hmmn, I may have to start asking models if it's OK for me to bring along an escort!

Jul 29 21 09:08 pm Link

Photographer

FFantastique

Posts: 2535

Orlando, Florida, US

Orlando Sentinel yesterday had front-page story of Joel Greenberg, a former elected official, using DAVID (used by law enforcement), to check on people, apparently for personal reasons. He has pled to child trafficking. The government can support that his is not an idle plea for notoriety or to take the heat for someone else, etc.

But someone asked me about the website’s contribution. I don’t know if they are contributorily negligent, etc. but know there are many smart lawyers out there, some in MM, who MIGHT be willing to share some thoughts.

Jul 30 21 04:12 pm Link

Photographer

Paolo D Photography

Posts: 11502

San Francisco, California, US

Modelphilia wrote:
Hmmn, I may have to start asking models if it's OK for me to bring along an escort!

going forward, everyone should to refer to escorts as "emotional support guests". the term escort is offensive and old fashioned now. wink

Jul 31 21 12:18 am Link

Photographer

Aaron Pawlak

Posts: 2850

New York, New York, US

FFantastique wrote:
What if the other party/ies is/are also minors?
What if the minor is emancipated?

So.

Jul 31 21 05:24 am Link

Photographer

FFantastique

Posts: 2535

Orlando, Florida, US

Josephine Baker married at 13!
Curious impact on career.
https://en.wikipedia.org/wiki/Josephine_Baker

Aug 18 21 11:30 am Link

Photographer

MarkGerrardPhotography

Posts: 209

Manchester, England, United Kingdom

FFantastique wrote:
https://en.wikipedia.org/wiki/Doug_Richard?wprov=sfti1

See allegations at end.
How does a 13 YO get to operate with apparent impunity?
And 17 is OK in UK?
It’s not in US.

Recent local and national news involving the site prompted my inquiry.
Not cited in original questions because the questions may then easily take on political overtones which may color a neutral legal analysis.

16 is the legal age in the UK

Sep 24 21 03:51 pm Link

Photographer

Abbitt Photography

Posts: 13564

Washington, Utah, US

I really don’t think it’s that complicated.    Regardless of what someone said their age was on some online site, if there’s even the slightest doubt, verify with an official ID.  Whether it’s a sugar baby, MM model, serving someone an alcoholic drink or signing a liability waiver, protect yourself by verifying they are of an age to legally consent.   Regarding a photo shoot, include a copy of their ID on the model release.  Many model releases include a spot specifically for this purpose.  Learning what the age of consent is for any given activity in your location really isn’t that hard in my opinion.  There are model releases designed for minors which include the consent of a legal guardian, same with waivers, etc.  A waiver I use at work includes a spot for legal guardians to sign.   

Multiple parties can be negligent, but that doesn’t really impact covering yourself and ensuring the person is of the age of consent for the activity in question.

Verify age.  It’s not that complicated.

Sep 24 21 05:32 pm Link

Photographer

All Yours Photography

Posts: 2731

Lawton, Oklahoma, US

Paolo D Photography wrote:
side note:
now that i think about it; i havent seen any minors' profiles on here in years.
search pulls up nothing.
did this site loose the interest of the younger demographic, or something else change?
given the majority of the type of content resulting from collaborations between members it seems like a logical precaution by the company to eliminate membership to any minors.

MM stopped allowing minors to have profiles a few years ago.  Now required to be at least 18.

Oct 25 21 09:17 pm Link

Photographer

rxz

Posts: 1101

Glen Ellyn, Illinois, US

Abbitt Photography wrote:
Verify age.  It’s not that complicated.

Then again....  I had an under age model use her 19 year old sister's drivers license.   Given she had a 2 year old son who I saw when her husband picked her up, it seemed reasonable at the time.

Oct 26 21 11:12 am Link

Photographer

Sceloporus

Posts: 4

Seattle, Washington, US

This is an area of law where you should not be thinking of defenses, you should do everything possible not to be in trouble in the first place.

In Washington State, where I live, taking a photo of a female breast belonging to a female under age 18 is a serious sex offense. If the model showed you a fake ID stating she was 18 this might help with negotiations with a prosecutor or at a jury trial but it would not constitute a legal bar to prosecution. Neither would emancipation. If you have any doubts about the age of a model, do not use the model.

Many prosecutors would regard any photographer taking nudes of young women as scum at the outset and not be inclined to do them any favors. And yes, I am an attorney, with many years of experience defending people accused of sex crimes.

Oct 26 21 12:46 pm Link