Expert: Jim Boyd - 5/16/2008

Question
Jim,

I am terribly confused about the legalities of filming porn in states other than California. On several occasions you have said that the production of adult film outside of California is illegal and will probably end up resulting in criminal charges.

But then an answer from another expert, who claims to be an adult industry attorney, suggest that it is possible to “structure the business practices to minimize risks of violations” in other states.

What is your opinion on this idea of “structured business practice” to avoid prosecution, and what can one do to structure their operations so as to be able to film and avoid going to jail for it.


Answer
Hi Rick


When it comes to the production of Adult Film, there are only two ways to avoid being prosecuted:

1: Film legally in the State of California.
2: Film illegally but don’t get caught.

I DO NOT recommend trying #2

It’s asinine to think that one can commit a crime in any jurisdiction and then avoid prosecution simply because of the way you structure your business practices.

Any attorney who suggests there is a way to commit a crime and then avoid prosecution through “structured business practices” is offering negligent advice, and should disbarred for incompetence.

The bottom line ...it is and will remain ILLEGAL to make Adult Films outside of California until other States either adopt legislation to legalize it or a legal precedent similar to that of California v Freeman comes about in other States.

If you are still confused, you may email me directly and I will arrange for you to speak with a member of my legal team. They are actual Adult Industry Attorneys with a total of 63 years of actual Adult Industry Experience between them.

Jim Boyd
jimb@sexweb.la