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Some things we all should know ... part 3
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This is Part 3, Link below to part 2.  If anyone is wondering why I'm doing this, it's because when Hunter S. Thompson shot himself, he was reincarnated as me.  Every time I get drunk, I feel his presence, anyway.  
Back to Harold Freeman.  They wanted him to stop making his movies.  They harassed him.  But he wouldn’t budge. So they bogused up an excuse and arrested him:
To quote the California Supreme Court:
“The People argue that the actors and actresses in the film engaged in acts of prostitution -- i.e., sexual acts for money -- because they performed the acts before the movie cameras "for the money they received." Thus, the People argue, defendant was guilty of procuring the actors "for the purpose of prostitution."
Lesson number 1 for today :  If LE wants to arrest you, they will find a reason to arrest you.  Here, they arrested Harold for paying actors to have sex in a porno movie -- and called it pandering (causing others to perform prostitution for you).  
I could bore you all night with the details,but I won’t.  What I will tell you is that the California Supreme court found that freedom of expression, our first amendment rights, allowed making any movie, and paying the actors for their parts in that movie.  As long as there wasn’t an independent crime committed outside of paying the actors.  You can’t pay someone to murder someone on screen, or have sex with a minor.  BUT YOU CAN PAY SOMEONE TO HAVE SEX ON SCREEN.  It’s freedom of expression.  
To quote the court…
“When considered aside from the payment of the acting fees, itself fully lawful otherwise, the sexual acts depicted in the motion picture here were completely lawful. The sexual conduct was between consenting adults and occurred in a place not open to the public  …  it is clear that in order to constitute prostitution, the money or other consideration must be paid for the purpose of sexual arousal or gratification”  

The court said that this was ok, as long as the movie is made for “ artistic and social merit”  or for “medical or educational purposes”.  

The State of California didn’t like this, and took it to the U.S. Supreme Court, believe it or not.  The Supreme Court agreed that paying to make a movie is not illegal.  The Supreme Court said that “at some point, it must certainly be true that otherwise illegal conduct is not made legal by being filmed.”  But freedom of expression is more important than the misdemeanor of prostitution.  

OK, that’s the law.  If you pay someone to have sex IN ORDER TO MAKE A MOVIE, it’s not prostitution.  

There’s a woman I know in LA, she’s been a star in adult films for many years.  She has a home studio, and runs a business called “make a porn movie with a star”.  She charges for that, of course, films the hour long session, gives you the film when you leave.  (and yes, she has a permit for making movies in her premises)  It’s all completely legal.  You can do any of the things that Ron Jeremy does to the women in his porn movies.  What a tourist attraction!!!

So there’s our loophole, ladies and gentlemen.  :)  In our police-state-world, you can still get arrested for it, but it's not against the law.  The law of the land is -- making movies is legal.  

And, while I’m on the subject of police states, one really good reason not to go to El Cajon Blvd looking for fun:

California’s Statute of “Loitering with intent to commit prostitution”
“It is unlawful for any person to loiter in any public place with the intent to commit prostitution. …  no one circumstance or combination of circumstances is in itself determinative of intent.  Intent must be
determined based on an evaluation of the particular circumstances of each case.”

Another words, LE has unbridled discretion to decide if you have prostitution intent in your heart, to find you guilty of this one.  Factors they can use …

-  area known for prostitution
-  previous convictions for prostitution
-  bodily gestures … or … discussions.  

LE loves this police-state-style law.  They can lock you up for looking in the wrong direction or smiling at the wrong person.  IMHO - this is trouble waiting to happen.  Be safe - don’t go out on the street -- - use TER :).  

Thanks to Mya for encouraging me about continuing this, while so many people post negative comments about this, under aliases.  My belief is that LE doesn’t WANT US to know the law.  It makes it easier for LE to manipulate someone into incriminating themselves.  Luckily, we are not in Russia - we have rights.  Remember, in our free county, we can do whatever is not prohibited.  There are no “thought police”.  We are allowed to think about committing ANY crime -- that’s not illegal.  It’s not illegal until you do every element that the statute prohibits.  Remember that, for this and everything else.  

Some members of LE (and you know who you are…) wishes every law was like the loitering law.  They wish every law let them decide if you were THINKING ABOUT committing a crime.  If this fits you, I hear that the KGB is looking for a few good people, maybe you should transfer to a more appropriate organization for you.  

OK, I guess I have enough for one more installment.  Be safe until then…

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