Web Design, Marketing, and other promotional services

What are the legal risks associated with web design, marketing, photography, etc.?

I am a professional marketer, where is the line drawn on promotion of prostitution? I could use a professional legal opinion if possible:

§ 43.03. PROMOTION OF PROSTITUTION. (a) A person commits an offense if, acting other than as a prostitute receiving compensation for personally rendered prostitution services, he or she knowingly: (1) receives money or other property pursuant to an agreement to participate in the proceeds of prostitution; or (2) solicits another to engage in sexual conduct with another person for compensation. (b) An offense under this section is a Class A misdemeanor. Acts 1973, 63rd Leg., p. 883, ch. 399, § 1, eff. Jan. 1, 1974. Amended by Acts 1977, 65th Leg., p. 758, ch. 287, § 1, eff. May 27, 1977; Acts 1993, 73rd Leg., ch. 900, § 1.01, eff. Sept. 1, 1994.


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That is the law right?
So where is the line drawn? If someone makes a website for an escort who turns out to provide services that are illegal is the web designer held liable? I would imagine a photographer is probably safest.

What about if the person were to promote the escort by name and picture but not go into detail about the services, where would the line need to be drawn on what they could say?

Basically, how far can you safely go as a marketing professional with a technical and artistic background? I would love to be able to make websites for escorts and even maybe do photography or some marketing but I don't want to get myself arrested if - God Forbid - they turn out to have a menu

You might also want to be aware of the "Aiding and Abetting" Statutes of your state.

A broader look might be to assume that if the Act your are marketing is illegal, then a prosecutor can find a way to charge you with something.

Right so actually marketing may be a bit too close to solicitation. Hmm, so why hasn't the yellow pages been held liable for their escort services listings for decades? They could assume just as well as I could that these girls might do more than simply hang out with the guys they visit. However, how do I know what they do if I simply sell them software and teach them a little about internet technology? I don't know, I think it is a risk I am willing to take, marketing though, I don't think I will do that to avoid getting too involved in their business. Whatever these girls choose to do with my software, or graphics, I don't want to know more than I have to. As far as Texas laws on aiding and abetting, not sure, couldn't find anything on it.

Furthermore I just researched a bit further. It appears as a vendor I wouldn't likely be held liable because of the fact that I would have to assume all adult service providers are involved in illegal activity and I am not limiting my offers to just a select few, I design for everybody.

Also first amendment rights fall into play apparently but I am not sure how, something I would like to know more about.

Maybe this is one situation where a disclaimer might be useful.

Personally, I think this forum exists to gave hobbyists and providers some general guidelines how to stay out of LE's clutches. But if you run a SOB, or some other side business making money from hobbyists and providers, I think it would be worth the investment to hire a lawyer for advice, rather than relying on the advice posted here. As with most things in life, when you seek legal advice, you get what you pay for.