10 myths about the adult industry....

TheEnforcer · 02-28-2006

Number three actually surprised the hell out of me. I've never gotten into the content biz so didn't have to explore the issue but I didn't think it was that restrictive as to doing hardcore shoots.

http://avnonline.com/index.php?Prima...tent_ID=232071

3. You can legally hire people to perform sex acts in photographs and motion pictures throughout the United States.

My clients and other persons seeking to enter the adult entertainment business are usually very surprised when I tell them that California is the only state in which persons can be legally hired to perform sexual acts for the purpose of creating photographic or motion picture works. They’re shocked to learn that the same explicit materials sold legally in “liberal” locations like New York, Chicago, and Las Vegas cannot be produced in those cities without the risk of prosecution for violation of state pandering or prostitution laws.

Under the laws of every state, the payment of money or other consideration for such sexual performances constitutes prostitution. Depending on the circumstances, the procurement of persons to perform in such works will constitute the crimes of pimping or pandering. So how are thousands of porn shoots legally conducted in California each year? The answer can be found in one case, People v. Freeman, 250 Cal.Rptr. 589 (Cal. 1988).

In the Freeman case, the California Supreme Court held that “in order to constitute prostitution, the money or other consideration must be paid for the purpose of sexual arousal or gratification.” 250 Cal.Rptr., at 600. The court characterized the payments made to the performers as “acting fees” and held that “there is no evidence that [ Freeman] paid the acting fees for the purposes of sexual arousal or gratification, his own or the actors.'” Id. Thus, the court held that Freeman “did not engage in either the requisite conduct nor did he have the requisite [intent] or purpose to establish procurement for purposes of prostitution.” Ibid. In fact, the court said that “even if [Freeman’s] conduct could somehow be found to come within the definition of ‘prostitution’ literally, the application of the pandering statute to the hiring of actors to perform in the production of a non-obscene motion picture would impinge unconstitutionally upon First Amendment values.” Ibid.

The California Supreme Court’s ruling paved the way for today’s multibillion-dollar international adult video industry centered in the San Fernando Valley. Unfortunately, so far no other state’s high court has adopted the California Supreme Court’s sound reasoning and the Freeman case is only legally binding law in California.

Carrie · 02-28-2006

I didn't realize that either.
Damn, think of all the producers breaking laws right now.

Which leads me to ask...
Photogregg is in Florida, which according to the article is a state in which it's illegal to pay actors to perform sexual acts for photographs or videos. So if we buy some of his content, and he somehow or another gets brought up on prostitution charges for producing the content, does that make us some kind of an accessory?
Is the content itself considered illegal? (It's still within 2257 laws, but was produced illegally, so... ???)

TheEnforcer · 02-28-2006

That certainly does lead to some very interesting questions like you mentioned Carrie.

Jace · 02-28-2006

there is also another law that states in a nutshell, that if you pay for a girls plane ticket into your state and pay her for any sexual act, it is illegal....

hold on, let me look it up

Jace · 02-28-2006

shit, I can't find it

it is basically something in the sex trafficking law that states if you pay for someones flight across state lines to pay them for a sex act, you are breaking the law....

TheEnforcer · 02-28-2006

Wow.. certainly interesting stuff to be sure...

Mike AI · 02-28-2006

There is a law in Oklahoma, where you can go to jail for spitting on the sidwalk on Sunday while eating chunky peanut butter.

sarettah · 02-28-2006

Quote:

Originally Posted by Mike AI

There is a law in Oklahoma, where you can go to jail for spitting on the sidwalk on Sunday while eating chunky peanut butter.

exactly

PornoDoggy · 02-28-2006

They just busted 6 (?) guys in the 82nd Airborne for appearing on a gay website, and at least one article I read said something about the possibility of them being charged under the UCMJ with prostitution related offenses.

Peaches · 03-01-2006

Quote:

Originally Posted by Mike AI

There is a law in Oklahoma, where you can go to jail for spitting on the sidwalk on Sunday while eating chunky peanut butter.

I don't think there are many government agencies assigned to watching if people are spitting on the side walks on Sunday while eating Jif

Pornography, OTOH, seems to have a few hostile eyes staring at it.

TheEnforcer · 03-01-2006

Quote:

Originally Posted by Mike AI

There is a law in Oklahoma, where you can go to jail for spitting on the sidwalk on Sunday while eating chunky peanut butter.

I get the point you are trying to make Mike BUT if some zealous prosecutor wanted to he could go after someone and just because these laws aren't normally enforced doesn't mean a judge or the public would dismiss it and the public wouldn't support the prosecuotr going after them. No one is going to bat an eye if they decide to enforce these laws.

Biggy · 03-01-2006

the realm of law is beyond anyone on this board... only lawyers and judges really understand it.. if we all understood it, then we wouldnt need lawyers, would we? with that said, just because there was an article written by an attorney in a PUBLIC trade magazine doesn't mean he didn't leave out valuable pieces of info that really explain how the law works...

if you really want to know, go out and get yourself a adult industry/2257 attorney. not the ambulance chaser ones, but the ones who are on the forefront of it... and i will tell you this, i have a site in production that wasn't shot in california, and jeffrey douglas affirms its legally sound.

dont ever be naive to think that if local prosecutors could use this law against people they just have chosen not to do so yet because they dont know or havent realized. some of the biggest porn companies shoot in states, like...FLORIDA. You think they would invest hundreds of thousands, if not millions to run this risk of being prosecuted one day. every single one of these guys has an adult inustry lawyer, in addition to separate business lawyers..

Mike AI · 03-01-2006

I am no lawyer, I just play one on Oprano.

Peaches · 03-01-2006

From what I've read, not a damn one of these lawyers have the same interpretation of 2257 either.

TheEnforcer · 03-01-2006

Quote:

Originally Posted by Peaches

From what I've read, not a damn one of these lawyers have the same interpretation of 2257 either.

They all get paid like they know exactly what the ramifications are!!

Peaches · 03-01-2006

Quote:

Originally Posted by TheEnforcer

They all get paid like they know exactly what the ramifications are!!

That's because they know it's not their ass going to jail if they're wrong

TheEnforcer · 03-01-2006

Quote:

Originally Posted by Peaches

That's because they know it's not their ass going to jail if they're wrong

Hehehe.. so very true.

Vick · 03-01-2006

Quote:

Originally Posted by Biggy

the realm of law is beyond anyone on this board... only lawyers and judges really understand it.. ..

and I'm not sure they do, why are so many things called opinions and where else could a 10,000 word statement be called a brief ;-)

I've often said lawyers argue the law while judges interpret it

in any case Biggy gives solid advice here

TheEnforcer · 03-02-2006

Hmmm.... I certainly see what you are saying Biggy and Vick but how many adult entertainment lawyers do you think are in some states? And those types of issues are really state and/or local issues and a national type of industry lawyer may very well not be familiar with, say, Wisconsin law. I'm not saying they can't research the stuff but how many actually know that area of the law already. Two examples.

1st example

I put in phrases like patent attorneys in Wisconsin, accident atorneys in wisconsin, personal injury lawyers in Wisconsin and always came up with some results that showed either a place that had a ton of info on them or actual law firms websites. Place adult entertainment lawyers in wisconsin in and the results are mcuh different and it's all news results and the like but nary a database or law firm to be seen.

2nd example
On Find law I had to go to the "other" section to find entertainment lawyers and came up with these results when I used our state capital as the basis of looking..

http://lawyers.findlaw.com/lawyer/fi...ison/Wisconsin

A MUCH smaller selection than other areas and one has to wonder how many, if any, of those specialize in the adult industry or whether they are all related to mainstream film, tv, books, etc. with no one really specializing in adult entertainment law.

02-28-2006	#1
TheEnforcer Scored VIP to Anton's Piss Tank Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 8,781	10 myths about the adult industry.... Number three actually surprised the hell out of me. I've never gotten into the content biz so didn't have to explore the issue but I didn't think it was that restrictive as to doing hardcore shoots. http://avnonline.com/index.php?Prima...tent_ID=232071 3. You can legally hire people to perform sex acts in photographs and motion pictures throughout the United States. My clients and other persons seeking to enter the adult entertainment business are usually very surprised when I tell them that California is the only state in which persons can be legally hired to perform sexual acts for the purpose of creating photographic or motion picture works. They’re shocked to learn that the same explicit materials sold legally in “liberal” locations like New York, Chicago, and Las Vegas cannot be produced in those cities without the risk of prosecution for violation of state pandering or prostitution laws. Under the laws of every state, the payment of money or other consideration for such sexual performances constitutes prostitution. Depending on the circumstances, the procurement of persons to perform in such works will constitute the crimes of pimping or pandering. So how are thousands of porn shoots legally conducted in California each year? The answer can be found in one case, People v. Freeman, 250 Cal.Rptr. 589 (Cal. 1988). In the Freeman case, the California Supreme Court held that “in order to constitute prostitution, the money or other consideration must be paid for the purpose of sexual arousal or gratification.” 250 Cal.Rptr., at 600. The court characterized the payments made to the performers as “acting fees” and held that “there is no evidence that [ Freeman] paid the acting fees for the purposes of sexual arousal or gratification, his own or the actors.'” Id. Thus, the court held that Freeman “did not engage in either the requisite conduct nor did he have the requisite [intent] or purpose to establish procurement for purposes of prostitution.” Ibid. In fact, the court said that “even if [Freeman’s] conduct could somehow be found to come within the definition of ‘prostitution’ literally, the application of the pandering statute to the hiring of actors to perform in the production of a non-obscene motion picture would impinge unconstitutionally upon First Amendment values.” Ibid. The California Supreme Court’s ruling paved the way for today’s multibillion-dollar international adult video industry centered in the San Fernando Valley. Unfortunately, so far no other state’s high court has adopted the California Supreme Court’s sound reasoning and the Freeman case is only legally binding law in California.

02-28-2006	#2
Carrie Eternal Newbie Respin bullshit press Your Comments Are Welcomed Join Date: Oct 2002 Location: Inside your monitor Posts: 2,850	Re: 10 myths about the adult industry.... I didn't realize that either. Damn, think of all the producers breaking laws right now. Which leads me to ask... Photogregg is in Florida, which according to the article is a state in which it's illegal to pay actors to perform sexual acts for photographs or videos. So if we buy some of his content, and he somehow or another gets brought up on prostitution charges for producing the content, does that make us some kind of an accessory? Is the content itself considered illegal? (It's still within 2257 laws, but was produced illegally, so... ???) __________________ Need a kick-ass design done quickly? I recommend Sex Creator - they absolutely ROCK.

02-28-2006	#3
TheEnforcer Scored VIP to Anton's Piss Tank Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 8,781	Re: 10 myths about the adult industry.... That certainly does lead to some very interesting questions like you mentioned Carrie.

02-28-2006	#4
Jace .... $100 for every ImLive sign-up Join Date: Mar 2004 Posts: 4,392 Blog Entries: 1	Re: 10 myths about the adult industry.... there is also another law that states in a nutshell, that if you pay for a girls plane ticket into your state and pay her for any sexual act, it is illegal.... hold on, let me look it up

02-28-2006	#5
Jace .... $100 for every ImLive sign-up Join Date: Mar 2004 Posts: 4,392 Blog Entries: 1	Re: 10 myths about the adult industry.... shit, I can't find it it is basically something in the sex trafficking law that states if you pay for someones flight across state lines to pay them for a sex act, you are breaking the law....

02-28-2006	#7
Mike AI Administrator Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 11,618	Re: 10 myths about the adult industry.... There is a law in Oklahoma, where you can go to jail for spitting on the sidwalk on Sunday while eating chunky peanut butter. __________________ Make big money on your Domains! Why wait 40 days to get paid with the other guys? Parked.com pays the most for your traffic, and cuts checks twice a month!

02-28-2006	#9
PornoDoggy Cramming 3 people in a Room to Attend Show Want to see your own Advertising Here! Join Date: Oct 2002 Location: Amid the Cornfields of Illinois Posts: 5,366	Re: 10 myths about the adult industry.... They just busted 6 (?) guys in the 82nd Airborne for appearing on a gay website, and at least one article I read said something about the possibility of them being charged under the UCMJ with prostitution related offenses. __________________ SEX STORY TEXT Exotic Material for Adult Websites Available for part time (project or ongoing) work ...

03-01-2006	#12
Biggy Members Join Date: Jul 2003 Posts: 768	Re: 10 myths about the adult industry.... the realm of law is beyond anyone on this board... only lawyers and judges really understand it.. if we all understood it, then we wouldnt need lawyers, would we? with that said, just because there was an article written by an attorney in a PUBLIC trade magazine doesn't mean he didn't leave out valuable pieces of info that really explain how the law works... if you really want to know, go out and get yourself a adult industry/2257 attorney. not the ambulance chaser ones, but the ones who are on the forefront of it... and i will tell you this, i have a site in production that wasn't shot in california, and jeffrey douglas affirms its legally sound. dont ever be naive to think that if local prosecutors could use this law against people they just have chosen not to do so yet because they dont know or havent realized. some of the biggest porn companies shoot in states, like...FLORIDA. You think they would invest hundreds of thousands, if not millions to run this risk of being prosecuted one day. every single one of these guys has an adult inustry lawyer, in addition to separate business lawyers.. __________________ Create a solid TGP presence for your site(s). ICQ: 110850739

03-01-2006	#14
Peaches Members Want to see your own Advertising Here! Join Date: Oct 2002 Location: Hills of N. GA Posts: 10,823	Re: 10 myths about the adult industry.... From what I've read, not a damn one of these lawyers have the same interpretation of 2257 either. __________________ Peaches@onlinebeach.com ICQ# 36734533

03-02-2006	#19
TheEnforcer Scored VIP to Anton's Piss Tank Want to see your own Advertising Here! Join Date: Oct 2002 Posts: 8,781	Re: 10 myths about the adult industry.... Hmmm.... I certainly see what you are saying Biggy and Vick but how many adult entertainment lawyers do you think are in some states? And those types of issues are really state and/or local issues and a national type of industry lawyer may very well not be familiar with, say, Wisconsin law. I'm not saying they can't research the stuff but how many actually know that area of the law already. Two examples. 1st example I put in phrases like patent attorneys in Wisconsin, accident atorneys in wisconsin, personal injury lawyers in Wisconsin and always came up with some results that showed either a place that had a ton of info on them or actual law firms websites. Place adult entertainment lawyers in wisconsin in and the results are mcuh different and it's all news results and the like but nary a database or law firm to be seen. 2nd example On Find law I had to go to the "other" section to find entertainment lawyers and came up with these results when I used our state capital as the basis of looking.. http://lawyers.findlaw.com/lawyer/fi...ison/Wisconsin A MUCH smaller selection than other areas and one has to wonder how many, if any, of those specialize in the adult industry or whether they are all related to mainstream film, tv, books, etc. with no one really specializing in adult entertainment law.