The photo shows the child "in revealing clothing, bound to a chair and gagged," say the documents filed in U.S. District Court, reports Los Angeles TV station KTLA.
According to an affidavit in the case, the child informed the Gerbers that the nanny took the photo as part of a "cops and robbers" game. Annett Wolf, a rep for the former supermodel, issued a statement saying the photo was taken without Crawford's knowledge.
An acquaintance of the nanny reportedly threatened to sell the photo. He has been identified as male model Edis "Eddie" Kayalar, 26, a recent deportee to Germany now believed to be in Stuttgart, according to officials. Authorities say that even after his deportation Kayalar continued to demand $100,000 – or he would release the photo to the media.
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Wolf's statement also said, "Rande Gerber and Cindy Crawford intend to pursue any and all available legal action against anyone who aids the perpetrator in the distribution or sale of the photograph of their daughter."
Crawford, 43, and Gerber, 47, have been married since 1998. Besides their daughter, who is now 8, they also have a son, 10.