Expert: Dan Pepper - 11/27/2008

Question
Hello,

I'm interested in making (and starring in) adult films solely for my personal enjoyment. I intend to keep fully professional standards - i.e., to hire professional adult models through agencies, to use a cameraman/woman, to incorporate, and to register for STD tests through AIM. The only difference between the sort of films I have in mind and an "amateur" tape a la Ed Powers or Randy West is that I wouldn't intend to publish the film for profit. My financial situation would allow me to make these films occasionally as a hobby.

In your opinion, would some/most actresses be willing to work under these circumstances?

Will filming be legal under these circumstances in California and/or other states?

Thanks!  

Answer
John,

1.  In your opinion, would some/most actresses be willing to work under these circumstances?

There are plenty that are interested in simply getting paid, so I don't doubt you'd have little trouble finding actresses for this purpose.

2.  Will filming be legal under these circumstances in California and/or other states?

If you have no intent to market or sell these videos, then there is very little (if nothing) distinguishing your activity from that of pandering.  In fact, in the seminal California case of California vs. Freeman, Harold Freeman was a producer and director of pornographic films who was arrested in 1987 for hiring adult actors, which the prosecution interpreted as pandering. This was part of an attempt by the State of California to shut down the pornographic film industry. The prosecution's interpretation was ultimately rejected by the California Supreme Court, and this decision was affirmed by the United States Supreme Court in 1988.

Freeman could only have been lawfully convicted of pandering if he had paid the actors for the purpose of sexually gratifying himself or the actors (which is what you are doing in this case, so in my opinion you would be violating CA's pandering statute).  I would suspect that the same result would be reached in other states, as well.