There are many statutes criminalizing the production, distribution, and possession of obscene pornography
and child pornography.

    With respect to non-obscene adult pornography, the most that can be said is that First Amendment and comparable state provisions provide protection for three party pornography - i.e., where a third person pays the performers on facts similar to Freeman on the theory that the sex for pay is not for the purposes of the actor's sexual gratification.

      That does not mean that a prosecutor might not try to go after someone when the facts do not fit a typical porn movie, particularly where the actor is also paying the girl - let the jury decide whether the sex is for commercial purposes, or the sexual gratification of the actor. This is why you are unlikely to avoid a prostitution arrest just by filming your encounter with the lady, even if you are planing to offer the tape for sale.

     But there is safety in numbers - you would have to be really unlucky to be prosecuted for producing non-obscene pornography involving adults and where you have complied with federal record keeping requirements.

This seems to be a very gray area, and I considered whether to ask this on the Porn Star board or here...

I know a couple of applicable cases are:

California v. Miller
California v. Freeman

And I know that essentially, it is LEGAL to produce and distribute standard porn in California.

But what about other states?  If I wanted to create an Internet porn site for some side income (I don't plan on ever becoming a big player, I'd be happy with $2000 a month, and even that is a lofty goal for myself), should I feel relatively comfortable to do so or am I facing a lot of risk?

you are correct that in the state of California, 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. Good luck in your venture. Free porn on the net is taking the profit out for all but the big boys in the industry so be careful with your investment.
* by pornographic we are referring to the  run of the mill fuck and suck films, not child porno which is illegal almost everywhere



-- Modified on 4/4/2011 6:48:29 AM

there is a law against frowning in public in one city.
millions upon millions of laws are on the books that are never used.. yes outdated, antiquated, and complicated but still validated.

if someone ever blew the dust off of them and brought them into court, the court has to rule in accordance with the law.

they don't have to tell you what the laws are though.

research research.

you're always in violation of the law. . it's not possible to live in this country without violating the law all day every day.

our legislature - phhhshaw
brothels were legal in rhode island for almost 30 years before anyone realized it.  

they write the laws and don't even know them.
nobody does.
there are millions of them.... dig in and get a little sweaty, it pays off.

there is an online resource you can use but I can't think of the name of it off the top of my head, (LB ?)  I'm more familiar with the old fashioned way, the legal library at the courthouse...

so dusty in there

as jimmy cochran so beautifully proved, a good defense is an aggressive offense... don't be worrying your purty lil head about what you might be doing wrong, cuz when is the last time you saw a government employee do their job right  ?   yeah.

Gene Hackman keeps asking worried perps in The French Connection.

If they answer yes, then they are held on that charge.

Goes to show that you can't walk down the street without breaking a few laws.

what you say is true.  The average person probably breaks some law every day, according to one of my attorneys.  But the most useful heads-up she gave me was that most police officers don't know the law nearly as well as you think they do.  Obviously, this can create all sorts of problems for people in the field.

One of my pet peeves is how they routinely confiscate legally owned guns, then force the owner to hire an attorney and go to court just to get their property back.  Naturally, they hope you won't spend the $750 in attorney's fees and court costs to get your $600 pistol back.