What is the difference between bra and knickers and a bikini?
Not much in the amount of skin they cover.
However, there will be differences in the makup/material structure. Bikinis are more 'structurally secure' than underwear (for want of a better phrase).
More importantly though, is the intended use of the garments.
Underwear is exactly that, designed to be wore under clothing and not shown. Swimwear is not.
That's why some bras are see-through, etc etc and no bikini tops are.
As for the OP....the image in the link would be fine IMO. It's revealing, yes, in that there is skin showing. However, it is not sexually provocative. It doesn't insinuate anything sexual at all.
However, that's not a guaranteed getout (just look at the aforementioned 'fairy wings' photographer).
As for you not booking the model. I would go so far as to say that's no defense. Sure it may allow you to alleviate some of the blame, should there be a problem down the line. But ignorance is no excuse. Just because you didn't know she was underage doesn't excuse it.
You should have exercised due diligence, and that would have been at the very least asking the model her age. Just because she smoked (or you heard she smoked), isn't enough to distance yourself from any hint of her being underage.
Anyway, this all depends on *how* underage too. A couple of weeks away from her 18th birthday and it's less serious, than, say, a couple of weeks away from her 15th birthday.
As for the images. Any that are in any way sexually provocative or could be misconstrued as that....IMO you should delete them, and do not pass them to the parents/model at all.
Explain that on advice, as she was underage, then you have a legal obligation to destroy them. Offer them the safe ones only.
Don't assume that just because they promise not to do anything with them, that they won't.
The saying "Out of your hands" is applicable in more ways than one here
So in a nutshell (Ive had a lot of coffee so I could be waffling on).
Delete any possibly sexual or provocative images.
Do not hand them over.
Only offer the safe photos.
Take it as a lesson learned. Cover your arse at all times and if there is any possibility of any doubt about a models age in future.....get proof and don't just trust the parents
