Law on taking a photo in which your child happens to be naked?

[Karstill]

I've looked at CSA / indecent images laws obviously, but they don't explicitly cover this.

Example scenario, your 2 yr old and the dog are playing in the (private) garden. It's hot and he's naked because you're in the middle of potty training. You take a photo of child throwing ball for dog. Child just happens to be naked.
You keep the photo for yourself and don't share it online obviously! But you don't want to delete it because your child looks so happy in it and it's a memory of a great day.
Have you committed an offence? If so would the police apply any exemptions because this image is only possessed by the parents and is innocent?

I haven't actually got a naked photo of my own children, but I definitely have a printed photo of myself from the 80s! I've also seen naked photos of a friend's kids, shown to me on her phone. Am I a criminal?

Jesus wept!

You remind me of the parents in Ripping Yarns - The Claw!

What a miserable life you lead.

%3D%3D

I have a vague recollection that someone in the public eye, maybe a newsreader or presenter, was in the news for this kind of situation, but it was way back when you had to take your camera film to Boots to be developed.

A miserable life? Are you joking?

I protect my children, that’s not leading a miserable life.

Julia Somerville is the person I was thinking of.

Yes!! I was just going to post the very same thing. I think it was the lady that appears with Gloria Hunniford & Angela Rippon in a consumers programme. Rip off Britain or something? I just can't remember her name.

For the young'uns

https://www.independent.co.uk/news/julia-somerville-defends-innocent-family-photos-1538516.html

@DomesticatedSavage That's her!!

Taking naked pictures of your children is really weird. No kids but not sonething I'd do if I did. Let them have their dignity.

My mum used to develop photos as her job. This was pre digital cameras so you didn't always know exactly what photos you were going to get.
There was special training to know what to look for if the photos looked suspicious.
So - for example - a roll of 30 photos of a family day out at the seaside with children playing in their swimming costumes but then there's a couple of snaps of the toddler who has striped down naked (as they do). This would be considered ok.
30 photos of children playing naked including some where they aren't playing but standing in a "pose for the camera" type way - this would raise suspicions.
Things are probably a bit more complicated these days as people take photos on their phones and they are often automatically saved in The Cloud (or whatever) so I suppose could be hacked or stolen.

I agree.

I am a photographer and all our training is for nude babies it makes me feel very uncomfortable so I don't do this myself unless a parent specifically asked for it. It seems to be the norm for most photographers. The only thing I do do is take pictures of babies sat on a towel with their back to me after a cake smash for the classic peachy bum photograph or skin to skin portraits on request. If a baby happens to turn around or stand up in the bath my camera goes down.

I understand why parents like to be reminded of their little ones being so small but why do they have to be nude? I have bought so many cute little outfits so that there is no need in my business as I don't have to take pictures that make me feel uncomfortable.

Offences are around possession, creation and distribution of indecent images of children. What you've described isn't. Any images found on a device would be assessed in context. Paddling pool pics of your own collagen fine, reams of pictures of children naked not fine. Any explicit images or poses not fine. Sub folders where children are nude definite cause for concern.
Why are you worried OP? If someone has told you they only got convicted of possession of indecent images of U13/16 because they had a couple of pictures of their toddler naked in their garden, they are lying.

To be clear nude baby pictures did not have any clear parts of anatomy on display other than the bottom. I still find it odd

You do know your children are statistically far far more likely to be abused by people living with you.

They would be safer always going naked outside the house and being clothed inside.

What does a civil lawsuit in the US have to do with the criminal law on CSAI in the U.K.?

Only on mumsnet!!

It's not illegal no.
But I don't like it when people send them. A family member sends so many naked pictures of her child to the rest of the family and then MIL sends them to various people she knows too. I don't think that's ok. My husband deletes them as soon as he receives them as not ok to have on phone

Others differ to you. Are you only just finding this out?

You used that photo as an example proving what OP is describing is legal.
I pointed out the baby in question later challenged the morality and legality of the photo.
For the record I believe ordinary family photos of babies/toddlers are not going to be considered CSA images legally BUT the line between the two is down to interpretation by police and lawmakers.

For the record I believe ordinary family photos of babies/toddlers are not going to be considered CSA images legally BUT the line between the two is down to interpretation by police and lawmakers.

Which is the way it should be. Members of the public simply don't have the training in common sense the experts do.

You aren't lying about the photograph thing as one of my siblings worked in Boots in late 80s. I was informed the same thing and also told if you take funny photos, whether amusing or otherwise, the entire store would know.

And with the second I know a handful well-known local people caught out by that over the years.

Anyone can look up the law, on any subject.

www.legislation.gov.uk

Your MIL shouldn't get sending them to anyone as it's not her child and the child's mother has a screw loose.

Why do they want to get other people in trouble? You, whether male or female, can get in trouble just from recieving them depending on the content of the pictures.

@TheHeadOfTheHouse are you serious? Blimey what a bizarre life you lead. My kids ran around the garden naked every summer when they were little, in and out of the paddling pool. Same on the beach.

Were you worried that the midwife who delivered your baby saw him/her naked?

You're not in the wrong to ask and check @Karstill . As we increasingly see on MN people are attacking you for sport.

I remember years ago some celebrity having a police visit or something because she had photos of her young children naked. I can't remember the details or who it was, but at the time it sparked debate over whether it was OK or legal for parents to take completely innocent photos of their naked children.