Nude photography in New York

[cyrus]

I'm sure you've all seen the news last week about a model who was busted posing nude (http://gothamist.com/2009/08/27/photographer_brings_21st_century_nu.php) for a photographer in the Metropolitan Musem. Leaving aside the issue of whether photography on specifically the Museum's property is legal or not, the fact is that nude public photography in public streets in New York is perfectly legal. The "indecent exposure" law specifically makes an exception for plays, performances etc. and this has been held to apply to photography too. Read all about it here (http://findarticles.com/p/articles/mi_m1248/is_9_88/ai_65069520/)

[Photosensualis]

This would be interesting reading, but your link does not go anywhere. Can you double check and re-post? Thanks...

[Photosensualis]

just noticing this post is a couple of years ago... blame my 'newbie-ness'...

[Michael Roberts]

http://www.nbcnewyork.com/news/local/Naked-City-Cops-Bust-Nude-Model-at-Met-Photo-Shoot-55138662.html

[paulr]

This is a really funny issue; it's a case where the laws are more progressive than the sensibilities of most of the people (including the cops). The cops see a naked person in public, and have a knee-jerk reaction to do something about it, even if they don't quite know what the legal basis might be. There are all kinds of dumb little things you can charge someone with ... disturbing the peace being a favorite catch-all.

In this case, it's easy to imaging the model and photog getting busted for something basic, like breaking any of a number of museum rules. But the charge was "public lewdness," whatever that might mean. My guess is that if they don't come up with some more reasonable charge, this will get thrown out.

[William Whitaker]

Perhaps in the future, photographers and nude models might be better received if they limit their work to Rep. Weiner's district.

[Greg Miller]

Just looks like a publicity stunt to me. The way the model just flops herself onto the floor, and the NBC News camera just happening to be there. Since the Met is not a public building, it's not surprising they were arrested. It was just a matter of what they would be arrested with.

I've had a couple of close calls with park rangers elsewhere in the state, but so far they seem to have a pretty good sense of humor.

[Jim Galli]

Never mind the nude, that's the wrong approach. Everyone knows it's illegal to have a camera out in New York. The guys obviously a terrorist and the nude is just a decoy.

[David R Munson]

+1 on what Galli said. Obvious terrorist threat.

[cyrus]

The model was released and charges dropped. The law against public nudity in NYC has a specific exception for public performances and plays etc. So the tried to charge her under an entirely different law: lewd conduct. However it is well established that mere nudity is not the as lewd conduct (which requires an element of sexual actvity) so the let her go for lack of evidence.

[cyrus]

Read the rest of the story: http://www.nbcnewyork.com/news/local/Charges-Dropped-Against-Nude-Model-71833007.html

[cyrus]

http://www.thelmagazine.com/TheMeasure/archives/2009/11/24/charges-against-naked-model-arrested-at-met-dismissed-nude-not-necessarily-lewd

[Mike Anderson]

Perhaps in the future, photographers and nude models might be better received if they limit their work to Rep. Weiner's district.

The congressional gym is a nice setting for fine art nude photography (http://www.businessinsider.com/anthony-weiner-photos-congressional-gym-2011-6).

...Mike

[neil poulsen]

I had a friend who died a few years ago. He told me a story of how he photographed a nude in The Louvre. This was during the 60's. He frequented The Louvre and became familiar with how the guards moved around.

So one day, they walked into the museum. She had a full-length mink coat with not a stitch on underneath, and he photographed her! Of course, the photograph was published afterwards.

[paulr]

Interesting. Furthering the notion that the laws are more progressive than what the cops and some other institutions are comfortable with:

"Rather than risk a decision by the judge that would establish the legality of her conduct, it appears that the district attorney has chosen to make an application to the court to dismiss all the charges," said Thomas J. Hillgardner, the attorney for nude model, Kathleen Neill.

(from the L magazine link Cyrus posted)

This could be part of the disturbing pattern in NYC where the cops use the power of arrest even when they know the courts won't side with them.

[cyrus]

Yet another nude model arrested and released without charges in New York - this time right in the middle of Times Square.

http://www.nydailynews.com/news/ny_crime/2011/08/31/2011-08-31_gets_nude_nabbed_in_times_sq.html

[Timefreeze]

If you are painted are you still nude? Actually I thought it was Spider Man :D

[SamReeves]

Kinda hard to miss her! :D

[TenOx]

People should never be naked -- if we were intended to display our bodies we would not have been born wearing clothes... /..

[Leigh]

People should never be naked ...
That's certainly more true of some people than of others. :p

- Leigh