NSFW Commissions and minors

[Alkraas]

I have been exploring with my art lately and have been drawing some NSFW art and will (hopefully) be doing NSFW commissions soon. Which brings me to this topic: Minors.

Obviously, nobody really wants minors to commission you for NSFW art, and since I'm a newbie, I'd like to ask on how you can avoid having minors contacting you for a commission.

Of course, I know about the ID check stuff, but really, I don't want to have private information shared with me, especially not something like an ID card (god no), even if, minors could easily grab an ID card from the parent's purse anyway.

If you're an NSFW artists, what do you do to make sure the client is actually 18+ years old?

[Eden]

This is a tough one.  So I've been doing nsfw for as long as I've done commissions, but I've never really checked? 

The two big concerns with a minor is going to be:

1. Potential legal ramifications for distributing porn to a minor.
2. Potential for chargebacks if an adult catches what kind of material they've been getting from you.

The first one check with your country's and local region's laws.  In the US there's federal ramifications for distributing porn to minors, and in some states they have obscenity laws.  From what I've read on my local laws simply ensuring that the client agrees that they are over 18 and are authorized to purchase this content is enough to protect you.  You can start utilizing google forms, or refuse to continue the transaction until they've answered this.  If they say they're not over 18, then the transaction stops.

As for the second, unfortunately there's not much to stop a chargeback that has been initiated by a parent.  I don't think the joint Paypal accounts are still in service (can someone correct me?), so either a minor would have to use a Paypal that isn't theirs, or they're lying about their age to Paypal.  Either way the most you can do in this scenario is keep everything and call Paypal.  If you lose, call them again with your proof.  Sometimes they eat the loss and give you all of your money back, or they'll just refund the chargeback fee.

[NovaCandy]

You ask the potential client their age. It is illegal to lie about your age online. You must be 18 years old to have a PayPal account, but it is also against PayPal's Terms to distribute NSFW products (including art). For any other type of chargeback, contact your bank for a dispute as you have proof of age, delivery, and consent. This can help you in legal means.

I agree with Celestina, too as it is great information.

[VosurAekira]

To further on Celestina's and NovaCandy's mentions, definitely ask for the date-of-birth during the planning and have them fill out a google-form where it asks for the birth date (not just age) in among the information. If they do not keep consistent or blatantly tell that they are a minor in one or both ways, then reject the commission. If they say the same thing for both, and you find out that it is a lie for both times, report the account with screenshots that they lied two-times about it.

[theodor]

I have never checked out a buyers age in the 10+ years Ive been doing art, and nothing has ever happened; if you're wary because of the way they type (generally kids dont type professionally), check their profile, or decline it. You need to be 18 for paypal anyways.

I probably wouldnt purchase from anyone that specifically asked my DOB (and I absolutely wouldnt give my ID)

[baja]

i would take theodor's advice with a grain of salt.

you can't predict a minor's typing patterns nor their intent with their inquiries over text alone. someone you might believe is a minor may just be an adult with particular mannerisms, or someone who may not be accustomed to the commission process, so it might be a little scrambled.

often times, when i look for artists to commission, i try to do a bit of homework on their art pages or social media for TOS and output, but at times i will take in to account age.
since paypal has changed their TOS in recent years, minors can no longer open/use paypal accounts. it doesn't stop them from trying to use them, but in my experience in dealing with minors, as artists, have made a huge deal out of hiding their age to try and get around this.

so if it's not immediately available, and they're not too keen on a yes/no question, i would pass on working with them for peace of mind.

[VosurAekira]

In all honesty, I would still follow the "cover your rear" mindset and ask the Date of Birth in both communication and in form. It's not common for it to happen, but if it is ever needed, you're covered if the situation should ever arise.