Legal to Pay a Porn Model, Illegal to Pay for Not Filming?

How does it work? You can hire someone to act in a porn flick with you, but you cannot hire someone for the same activity if it is not for porn?

Am I missing something? Seems pretty odd.

Why don't we all make porn to avoid the legal hassles?

I am seriously wondering how this works like this.
trey32's Avatar
In 1988, the US Supreme Court ruled in California v. Freeman that being paid to act in a sexual scene was not prostitution, and with that decision, it effectively legalized the production of porn films in every state. There are states that attempt to skirt the decision by fine-tuning the exact language of the law, but they're often overturned.

The fine point is that prostitution is payment for the explicit enjoyment of sex, while porn is payment for acting in sex, which may or may not be enjoyable. (And often it's not.) A similar distinction can be made for actors who are paid to engage in the depiction of murder in an action movie, whether or not the actor(s) actually get any thrill out of committing a murder.

Vermont, Oregon, and Florida have all been overruled for their porn laws, and since California v. Freeman has essentially opened California up as the capitol for porn production, other states are not too anxious to pass laws inviting challenge and encouraging even more production in those states.

And don't expect to convince a cop that you are a porn producer/director/actor because you have a camera set up to film your act with a provider. He will arrest you and let the DA sort it out. Then, your porn career will start costing you a lot of money.
Trey32 has the legalities but it was boiled down for me that it depends on who is paying whom. If you are being paid by the person you're fucking, it's prostitution. If a third party is paying two (or more) people to fuck, it's not. That would apply to live shows as well as films.
You better have your model releases and all of the person ID information if you think you're going to use the I'm filming porn route, doubt anyone going to fill out that info and give you their real personal info, real photo id if you're not really working in the industry,
ICU 812's Avatar
In some states, it is against the law to film sex acts and sell the video; "Porn".

In California you may create porn videos. Why not set up s porn shoot and keep the video as a trophy? The cost might be more than one hobbyist would want to pay, so maybe a co-operative or co-op would work.

There could actually be the core idea for a viable business plan there. Bring together a "professional" porn crew with one or more emale performers and fluffers, a couple of male talent cocks and a number of paying customers (call them "sponsors" or "investors"). Film the stunt cocks and paying clients in some loose framwerk of a scripted scene. Later cut and edit the footage and burn custome DVD/Blue-Ray disks that make Elmer-from-Iowa or Larry-from Lubbok look like really pornariffic studs!

I am sure that something along these lines would work in LA or Nevada . Hook it up with a Brothel ranch or even a filming studio. Connect it with the Porn Convention in Las Vegas etc.

Something will make financial sense.
Paying to be in a porn movie, people get paid to be in porn movies, what idiot would pay to be in a movie where the other people are getting paid to be in the same movie, you just made the whole thinking illegal by paying to be in the movie. and beside do you know how much it would cost to set this up. total waste of time and effort
Keyhole Arc Blow's Avatar
Paying to be in a porn movie, people get paid to be in porn movies, what idiot would pay to be in a movie where the other people are getting paid to be in the same movie, you just made the whole thinking illegal by paying to be in the movie. and beside do you know how much it would cost to set this up. total waste of time and effort Originally Posted by Erotiquencounters
Not at all, you set up a legal way for dudes to pay to bone beautiful women while also running a semi successful business where old, fat dudes rail young chicks on camera.
You better have your model releases and all of the person ID information if you think you're going to use the I'm filming porn route, doubt anyone going to fill out that info and give you their real personal info, real photo id if you're not really working in the industry, Originally Posted by Erotiquencounters
Good advice for porn model.Porn models are legal and sex workers are illegals.Bullsh*t
The big studios are all in California because it's unambiguously legal to shoot porno films there. The legal situation is murky in the other 49 states, so the larger operations don't want to take the chance of getting harassed by some overzealous DA.
PsychedelicMut's Avatar
Paying to be in a porn movie, people get paid to be in porn movies, what idiot would pay to be in a movie where the other people are getting paid to be in the same movie, you just made the whole thinking illegal by paying to be in the movie. and beside do you know how much it would cost to set this up. total waste of time and effort Originally Posted by Erotiquencounters
I'd pay to audition with the right actresses. Maybe I could be an apprentice in the Cock Jammers Filmography Guild.
How does it work? You can hire someone to act in a porn flick with you, but you cannot hire someone for the same activity if it is not for porn?

Am I missing something? Seems pretty odd.

Why don't we all make porn to avoid the legal hassles?

I am seriously wondering how this works like this. Originally Posted by jackdavishtn

This is how an adult industry lawyer explained it to me:

A director paying 2 actors to shoot a scene for the purpose of distribution = Art

A guy paying a person to have sex with him on film for his own personal collection = Prostitution.

Filming your encounters with escorts is simply proof you engaged in illegal activity. A good director knows the laws of his municipality, what kind of porn is legal to shoot and if it's even legal to shoot porn there, he has all his paper work prepared for the performers to sign. He has a studio or rented a location. He's 2257 compliant. He only uses testing that is industry standard and checks the paper results from each performer against the database online. When he contacts you, he isn't telling you how beautiful you are, how great he is or talking down to you like he's some kind of "expert". The professionals have more respect for you than that. He gets his performers from agencies or word of mouth from other professionals, NOT back page or by trolling escort ads.

There's a lot of legal issues when it come to this stuff. I won't ever, ever, ever allow cameras in my sessions for legal reasons. I won't survive prison