Expert: Jim Boyd - 1/1/2008

Question
Are there any laws on the books against operating and owning an Adult website in the state of Maine?

Answer
Hi John,

To my knowledge there are no laws in that would prevent you from owning and operating an Adult Web Site in the State of Maine . However, you  will have to travel to California to shoot ALL of your content as California is the ONLY place where you can legally hire someone to have sex for the purpose of producing Adult Material. Doing so in any other State …including Maine…may land you in jail on charges related to prostitution and/or pandering.

Adult film production is legal in California due to a president created by a 1988 decision of the California Supreme Court (California vs. Freeman). As a result of that decision, California became the FIRST AND ONLY state where a person can be legally hired to have sex for the purpose of making adult films. However; producers are still required to obtain permits before starting any such production. NO OTHER STATE HAS SUCH A PRECEDENT!

Even more important  are the Federal Laws that apply to ALL Adult Material. Specifically USC Title 18 Section 2257 and CFR Title 28 Part 75. These Laws place a large amount of responsibility on the produces (film and web content) of Adult Material and are full of legal pitfalls. DO NOT even think about trying to make a film until you have researched, understand, and can fully comply with theses laws. Failure to comply with these laws will most definitely land one behind bars.


Jim Boyd