If you hire a hooker but you film it and say you were hiring her to help make an amateur porn... is it illegal?
You live in California? We are the porn capital of America. Here's a column that describes why that is and an overview of what makes it legal, compared to prostitution. Here's an excerpt (pandering laws refer to anti-prostitution laws here): Basically you have a right to create porn under freedom of speech. But if you are doing it for the purpose of sexual gratification for one of the parties involved, then it is technically prostitution. This is hard to prove, but to be safe, you should make an effort to do something with the video that would prove you weren't just doing it for your own pleasure, such as selling it or posting it to a porn site (such as XTube). Note that I am not a lawyer and this is not legal advice.
thanks, and yeah that's what i meant, xtube especially. So basically there is legal precedent to hire prostitutes to make films and distribute them. Nice. Also do you need some kind of liscense to sell porn? or can anyone just make a website.
Although I am not yet in Law School, I do intend to go there and have studied several law documents. Sadly for you, I live in Canada, same rules may not apply. However from my understanding in any country where pornography is legal, and in the United States it is, the basic rules are this: Prostitution is the direct act of MONEY in exchange for sexual intercourse/sexual gratification. The many loopholes to this are the following: 1. Escort services, the exchange of money for personal COMPANY, which can lead to sex but is out of the PERSONAL COMPANY, which is paid for, not the direct act of sex, this is why some Escorts can just take your money and run, legally. lol. 2. Pornography, the exchange of money for the purpose of acting/cinematic role. Now, it's been legal for centuries to pay a woman to take off her clothes for " artistic purposes ". The standard argument you could always use is, you paid a woman to take off her clothes so you could paint her on a canvas, after which she, as a consenting adult, offered to have sexual intercourse with you. This is the line pornography goes on. Meaning you don't have to even distribute it for it to count as legal pornography if you have a case for artistic integrity. Some states cover these loopholes as content restriction, mostly the Southern states. Stay aware of Age of Consent laws, most states it's 16, others are higher. Simple article to re-iterate: http://www.cnn.com/2005/LAW/08/12/colb.pornography/index.html So tell me what state you live in, and chances are to legal make porn all you need is a camera, a " setting ", put on the record button and get to work on screen.
You are legally required to keep a record which documents the age of the performers in any video you release. This is laid out in 18 U.S.C. Section 2257. Basically, you should make a copy or scan of a valid ID with the date of birth of all performers to comply with this regulation, and ask for any previous names used. I am not a lawyer and this is not legal advice.
