Just plopping a camera in front of a pair of people who are fornicating doth not make you a pornographer.

To justify such a defense, you would have to show that you have and continue to work in the field and that you have business dealings that involve making an income through pornography, e.g. web contacts and other videos currently in circulation, etc.

Even if you did manage to prove the above, you then become vulnerable to all sorts of legal restrictions placed on a business such as having a license, zoning ordinances, labor laws, taxes, etc.

The legal ramifications from the latter could well dwarf those related to prostitution.

So, don't go down this road.  Stick to safe and well reviewed providers to avoid hassle with LE and the government.

(still not a lawyer)

Producing pornography is not legal in all states.  Also, in states where it is legal there are permits and paper work that must be taken care of.  For one thing the real names of the performers as well as documentation that they are of legal age must be on file.

Hobbyists are guys who pay for sex. That's illegal. Putting a camera in the room or making up a story won't save your ass.  It's much easier to simply exercise the appropriate caution in your selection process than it is to try and make up stories after the hand cuffs come out...

Shooting Porn is only legal in CA based on a very old court decision.

And strict requirements in CA - member of an recognized actors guild, known producer etc.

In AZ bring your camera and shoot yourself doing porn with gal is an easy prostuttion charge and if more than one person is a criminal enterprise.

Prostitution is sex for pay while pornographic films are films of people having sex. The reason films are not prostitution is because although the actors are paid, the person paying them is not getting sexual gratification from their performance and the players are not paying for the gratification they may receive. I add the following from one of my previous answers,

"In the state of Califpoornia, it is both legal to produce and distribute pornographic *  films based on the Freeman cases, that permitted the hiring of an actor to have sex on the screen. As this was a California decision, it applies only to that state and remains the only state where such activity is legal. Other states may join and New Hampshire has been suggested. One would think other states such as New York and Nevada would be ripe as well. None the less, pornography is legal in many foreign countries.

As  for internet porn, the Supreme Court, in Reno v. American Civil Liberties Union (1997) stated "indecent transmission" and "patently offensive display" provisions were ruled to limit the freedom of speech guarantee of the First Amendment leaving  the internet porn industry an open door that some states have tried to close unsuccessfully. So at this time you can operate a site unless changes occur in the newly specialized field of internet law.
* by pornographic we are referring to the  run of the mill fuck and suck films, not child porno which is illegal almost everywhere"

The defense of a prostitution charge by claiming it was a filming when the film maker had his cock in the actress's vagina has been tried and failed in court more than once.


-- Modified on 1/20/2012 6:38:33 AM