Legal Question in Civil Rights Law in New Mexico
Does New Mexico State Law require parental consent before you can photograph someone else's minor children?
Asked on 10/04/10, 6:18 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
The answer depends upon the setting where the photograph is to be taken, and the purpose for taking the photograph. In the child's house, or if done for commercial purposes, then parental consent or the consent of the child's guardian is required. If just a group shot of children on a playground, then consent is not necessary unless it has been previously requested and denied. Photographing for sexual purposes is always prohibited.
Answered on 10/10/10, 10:41 am