Caution: Nude Baby Photos Can Result in Arrest, Law Prof Warns
A recent Utah case involving some misinterpreted baby photos serves as a cautionary tale for parents who are tempted to snap pictures of their nude infants.
The case began this spring with a call from a Walgreens photo technician alarmed by a picture of a man kissing a naked baby on his face, buttocks and genitals, according to an ABC News account of the incident. The man, Sergio Diaz-Palomino, was arrested and deported, his wife was also arrested, and the child was removed from the home, according to a column published by MSNBC.com. Charges were later dropped after police determined there was no sexual abuse. Prosecutors said the picture, when taken in context with about 30 photos snapped at the same time, showed a proud father kissing his baby after a bath.
The MSNBC.com column notes that some people are questioning whether it’s a good idea to post photos of children “in varying degrees of undress” on social media websites such as Facebook and Flickr. Some warn the photos may attract pedophiles, while others warn they could put the parents at risk.
MSNBC.com quotes New York University law professor Amy Adler, who says the days of photographing your kids running naked through the lawn sprinkler may be over.
“What [parents] might think are normal pictures could be seen the wrong way,” she said. “As a legal matter parents should be extremely cautious. I hate that. I think it is a shame.”