Expert: Jim Boyd - 6/9/2008

Question
I read one of your answers about porn film production being illegal outside of CA and a lawyer had also told me one time that technical it is. But I still am a little confused. Being that I read South Carolina's law of obscenity and its based on anything distasteful from the standpoint of any average American. Can you please clear this up for me. Thank You

Answer
Your confusion stems from the fact that you are confusing obscenity laws and prostitution laws. One has absolutely nothing to do with the other.

In South Carolina (and every other State) sex in exchange for money is considered to be prostitution, and paying some one to have sex with someone else is considered pandering (pimping). Both being quite ILLEGAL in South Carolina. Unfortunately, the State of South Carolina  does not make allowances for paying some one to have sex for the purpose of Adult Film Production.

California is the ONLY State which actually has a means to legally distinguish between the Commercial Production of Adult Material and common prostitution/pandering. Until other States develop such a distinction, it will remain ILLEAGL to film such material outside of California.