I am a photographer in NY. Is it legal to photograph a 16 yr old emancipated minor with a child with guardian permission

A minor does not have the capacity to consent to this in any state I know of. I suggest you decline the job.

No that would not be legal and you would be opening yourself up to criminal prosecution. Your question also does not make sense because an emancipated minor does not have a guardian or parent. That is the whole point of emancipation, to be able to make adult decisions in the eyes of the law. If there is a parent or guardian and the minor is not emancipated, the guardian could also be potentially facing criminal charges for subjecting the minor to acts that could endanger her emotional well being. Regardless, you should pass on doing this photoshoot.

Agree with Mr. Brosnan. Your description or information is incorrect about emancipated minor. This job is not worth the risk and highly recommend you decline the job.

This would not be a wise thing to do. It could open you up to criminal charges.

The child is either emancipated legally or has a legal guardian - one or the other. Legal emancipation requires a court proceeding ending in a court order authorizing the minor to act as an adult under the law . You should get written consent from her and her legal guardian if she does not have such verifiable court order. . If she signs a contract and she is under 16 and not legally emancipated, you can seek court affirmation to make the contract binding. We have done that several times with musical artists under the age of 18 and as young as 13. The mere fact that she is 16 and topless does not make the photo illegal as child pornography. Her being in lingerie is almost certainly legal. There are many things you can do to protect yourself legally if you decide to take this shoot on - though clearly the safest bet is to "Just Say No." I do not understand what kind of modeling jobs a 16 year old is applying for that she would need to be topless or in lingerie as part of her portfolio.

I agree. This sounds like a major land mine that should be avoided. It is not worth the potential downside. There are very rigid state and federal prohibitions for child pornographic material. And at age 16, she is still a child in the eyes of the law. Emancipated or not.