If I were to call a willing girl up and ask her to perform in a porn scene with me with cameras rolling, and pay her an acting fee is this porn or prostitution?

What makes porn legal and prostitution illegal?

all.

      Whatever the merits of the Freeman decision back in the days when porn had some degree of production values, it's rationale would not apply to what the OP proposed and even to much of the vast trove of auteur  internet porn where

1. the payer and the actor are one and the same;
2. you better believe the guy is doing it for sexual pleasure just as much as money;
3. there is no First Amendment protected expression, unless you consider "oohs" and "aahs" to be protected here; most of the porn I've seen is simply a filming of the sex act.

     So my answer to what the OP stated is - it would be prostitution, and you can't avoid this by simply putting a camera in the room, labeling it "pornography", and telling the girl she's getting an "acting fee." That is no different than "paying her for her time."








-- Modified on 2/14/2011 6:58:25 AM

Unless you acquire all of the necessary film permits (all of them requiring all of your personal and business information) and have the talent fill out all required forms (including her real name, address, proof of age and proof of citizenship) it's prostitution.

You are also responsible for issuing said "actress" a 1099 wage statement at the end of the year.

For me at least, it hardly seems like it's worth all of this additional work.  It's much easier to just find a girl and book an appointment.

Here is a nice link discussing the legal case involved that revolves arround the question that the one paying is not receiving sexual gratification and that the actors are covered by freedom of expression etc of the 1st amendment....

http://randazza.wordpress.com/2008/03/18/why-is-prostitution-illegal-but-pornography-is-not/

Keep in mind that the state of California is the only state where it's actually legal to shoot

You both may need to be tested for STD's and hepatitis.

Some of those implants exceed zoning limits.

-- Modified on 2/15/2011 9:16:29 AM

This is a fun argument to follow but in view of the flourishing porno industry, it is obvious that the courts do not consider porno actors to be sex workers.

One might say that if a porno actress is in reality a prostitute then I suppose a doctor/actor on a TV commercial can be sued for practicing medicine without a license. If a plump gal on TV is selling insurance and does not have an insurance broker’s license then it would stand to reason that she could be fined? Even actresses with long beautiful hair shilling a hair shampoo can be forced to reveal they are wearing wigs? Is an actor playing a terrorist subject to incarceration by homeland security? Surely there is a difference between making believe you are a criminal and being one?

Perhaps our porno actress is riding a fine line when she is being penetrated by an actor who has a financial interest in the film, a few points let us say, in the outcum of the epic, but at some point it must become clear that if you suck a cock on screen you are not necessarily a cock sucker, you are just sucking cock.

There is a difference between porno and prostitution, only when you blend argument in a legal-hypo can you turn two distinct colors to get the color gray. Yes, I agree that most porno is clinical and lacks artistic expression although the pornos I stared in while working my way though law school were all either political or ground breaking moralistic pot boilers. Yes, my preferred sex act was performed in doggy style although a long tongue was sometimes requested. I was paid off in kibble bags and half eaten deli sandwiches. At the time I was under the apprehension that my acting was permitted under the freedom of expression of the first amendment of canine sensibility. Certainly we must leave a bit of room for the productions that blend art, morals, and fucking or else what is a movie screen for? Although I humped many a porno starlet’s leg I was never arrested for assault although I did get a few dry cleaning bills.

I think the previous posted comment hits the nut with a hammer, i.e. that it is so expensive and time consuming to construct a porno for the sake of having a prostitution experience that it would be ludicrous to do so.

In short, or the long as in porno, if an actress is told to play the part of a prostitute and is penetrated by an actor, is her acting fee actually sex for cash or cash for acting. I would say that it is for acting and I think the casting couch where she blew the director to get the part still is not a prop for prostitution. Everyone knows that fucking to obtain a job is clearly a three dimensional resume, it is just a way to show that you are one of the boys or girls and are willing to do what must be done for the good of your fellow man or men when we get to the gang bang scene.

I remember after the climax of a super hot porno, I was still horny and invited the porno star home with me for another shot off screen, and she responded, “Sure honey, that will be an extra hundred and car fare if you are too tired to drive me home.” I submit this as proof that there is no correlation between the parts that we played on screen and the screaming we did in the privacy of our homes as consenting adults or dog and bitch?

Please keep this info private, as I would not want to be called to the Supreme Court or the tennis court to perform for Justice Long Dong and his wife in a threesome for the Livery of America or what ever her charity is called. I also refuse to do S&M scenes wearing a barrister’s wig while nuzzling the missus unless I get a can of dog food for a mouth freshener between takes or at least a coke can with a pubic hair! Please do not take this as a criticism of any bench warmer as I support the right of divine justice as much as rabies vaccine and de-worming tablets.




-- Modified on 2/15/2011 11:32:23 AM

Not sure if it's obvious or not but I was certainly looking for that legal loop hole to possibly enjoy the hobby in a more legal-free manor. Hell I'm not even a "newbie", as I've yet to see a provider. But over the months I've been doing my homework and reseaching to make sure this is the direction I want to go in. I have no moral or social hang ups. The one thing that stops me daily dead in my tracks from picking up the phone and chatting her up to make a connection is the legal ramifications. Like I said I'm doing my homework and learning how things should be done to insure saftey and discression. To be honest I'm really not worried  about her being LE, as she would be reputable. I'm more worried that she is so reputable that LE has her staked out and just as I penetrate her Johnny Law busts the door down and the legal ramifications of my activities meets me full on, in handcuffs. BTW is it common for LE to bust in and make arrests even though they were not there when her and I went over the numbers?

Never Never Never!

No discussion, no comments, nothing.

unless you live in a zone where vice is working overtime you really have little or no reason to worry. No they do not bust down doors, you have seen too many drug bust flicks.

Read her reviews and web site.  Find out what her fee is, then when you arrive, after your greetings, just quietly leave the white envelope in a fairly obvious place and don't say a word.

Don't discuss money or specific acts unless you've already seen her before and know her to be safe.  Even then, it's usually not necessary.

I heard if the person paying is having sex with the lady, then it is prostitution. So, make sure your buddy hires and pays the lady.

Legal_Beagle, I actually did a paper on this a while back siding with actresses and actors that they were protected under 1st amendment laws, they were being paid by third party film makers and producers for their services as actors and actresses with actual sexual gratification being difficult to prove, the whole nine yards etc. etc.

You make the point with Hollywood actors, and I'll use my own examples, that when Brad Pitt is robbing a casino in Ocean's 11, he is not really a thief, but only acting as one and when Denzel is fucking shit up in Training Day, he is not really a crooked cop, but just playing one.

The thing with porn stars is.. they are not really acting.. that is actual bona-fide sexual intercourse that is taking place. At the end of the day, she had sex, she gets a check, sex for money equals prostitution, like you said it doesn't matter who paid.

I couldn't help but think when writing that paper that acting out sex is more like one of those lame porn videos where the guy and girl are both extremely perfect and his dick is probably taped to his leg wondering how he hasn't stuck it in her yet and doesn't have an erection. Whatever it may be, I think a lot of the interpretation and translation to this stuff got lost in the pages and pages of law and thank god for that loop hole.

I was once considering offering filming in my appointments, if the gentleman wanted.  Being an adult performer myself, I understand the legal documentation that is required such as a model release, 2257 papers and 2 forms of ID.  I wasn't sure of the legality of my sessions being on film and possibly ending up in the wrong hands.  I decided to consult a few adult industry attorneys on this and the answer was pretty clear:

If the person paying is also haveing sex, it's prositiution on film.  If the person paying is behind the camera (director, camer man, producder, etc.), it's art.  I was also advised to never shoot POV outside of California.  In most states where it's not illegal to shoot porn, you can only legaly shoot porn for the intent to distribute.

I'm not a lawyer, I'm only sharing info and advice I got from lawyers in my industry as I understand it.