Expert: Dan Pepper - 10/21/2008

Question
QUESTION: Hello
Me and my girlfriend  are starting a adult website ,  we have the purchased adult website template with the warning page and over 18 custodian of Records, CCbill etc... i was wondering if  there is any problems  running it in CT, Also  we have a few friends in the videos , we made them sign model releases and photo ID copies,  ,just want to be safe  in knowing if we are breaking any laws
thanks so much

ANSWER: Danny,

If you are producing any content, which it sounds like you are doing regarding some friends you've signed up, and they are involved in sexually-explicit conduct, you do run a risk of state pandering or prostitution charges.  California is the only state in the country where the CA Supreme Court has determined that production of sexually explicit conduct does NOT violate those laws.  In every other state, including CT, it is an open question.

Also, compliance with 18 U.S.C. 2257 can be very tricky - without knowing how you are handling that, I don't know if you're running in to any problems there.

You can contact me through www.adultwebsitelawyer.com if you'd like to discuss any of this.

---------- FOLLOW-UP ----------

QUESTION: my boyfriend is researching, telling me that ct law says that money, including website membership fees to adult websites is considered prostitution.  this includes photos he says.  I am wondering if i use my adult site for the purpose of modeling lingerie and non-nude photos as well as using my webcam to talk to members, rather than making porno videos viewable on the website, would this still violate pornography laws?

Answer
First, you can view CT's prostitution laws here:  http://prostitution.procon.org/viewbackgroundresource.asp?ResourceID=727

I do not agree with your boyfriend that charging membership fees to customers to view sexually explicit conduct online constitutes prostitution.  Further, modeling lingerie, showing non-nude photos, or using your webcam to talk to members would not either.