Expert: Jim Boyd - 2/1/2008

Question
Hey Jim, I was thinking about starting a website for amateur porn. I would be charging a monthly fee to view the content. I know you are suppose to technically shoot all material in CA. I know alot of porn stars and sites do not follow this rule. so my question is is there anyway of finding out if your the scene has been filmed outside of CA and are the consequences serious. And as long as i get my people tested everyone month and have 2 proofs of identification stating that they are of age and have them sign there release form do i necessarily need a lawyer? Are there any other steps you would warn me of?

Answer
First off don’t confuse yourself by thinking the laws regarding Production outside of California are mealy a “technicality” because they most certainly are not. Yes it is a serious matter and yes it carries serious penalties. No matter how you twist it, production outside of the State of California is a crime.

How serious are the consequences if you are caught? Well, not real bad…IF you don’t mind being charged with a variety of felonies, forfeiture of all your production equipment, forfeiture of all money made from your previous productions, jail time for your performers, and spending at least the next couple of years in prison.

The testing of performers is always a very good idea and not insisting on it could legally be considered negligence on the part of the producer.

You are REQUIRED by Federal Law to obtain two forms of ID to confirm the age of any and ALL performers. However, there is a lot more to it than that. USC Title 18 Section 2257 and CFR Title 28 Part 75 require that these records, and many more, be kept on file in a VERY SPECIFIC manner for a VERY SPECIFIC period of time. These records are subject to UNANNOUNCED inspection by Federal Officials to insure proper compliance. Failure to comply is a violation of Federal Law and will get you a 5 year vacation……

Do you need a lawyer? ABSOLUTELY! Anyone who attempts to enter or function in this business without an attorney is an absolute fool and will quickly begin to regret not having one.