Expert: Jim Boyd - 7/23/2008

Question
I have been reading you postings for some time now and have learned a lot about the business and how it operates. But lately there seems to be a contradiction in your advice and the advice of one of the other experts. He mentions a way to structure your business so that it will not come into conflict with local laws and states on a couple of occasions that prostitution and pandering laws may or may not apply in many areas.  I have tried to ask him about this on 3 occasions and my questions were rejected each time. I want my business to work and I’m willing to do whatever I need to do in order to make that happen but if I can do it legally without going to Cali it would be much easier.
Can you shed some light on what he is referring to?


Answer
Hi Terry,

There is NO WAY to legally structure a business that will legally allow you produce Adult Material outside of California or avoid prosecution under local prostitution/pandering laws if you are caught doing so. Here’s why: California is the ONLY State that differentiates between Adult Film Production and common prostitution. NO OTHER STATE recognizes this difference.

It is true that most states do not have laws that absolutely ban the making of Adult Films in their jurisdictions. However, they do have Laws that make it ILLEGAL to exchange money for sex and they really don’t care about the reason or circumstances involved. So, in the “eyes of the law”,  if you are paying performers to have sex (even for the purpose of making an Adult Film) you are breaking the law and will be prosecuted for prostitution and/or pandering if caught.

To say that local “prostitution, and pandering laws may or may not apply” to the production of Adult Material is just completely asinine. These laws ABSOLUTELY apply and there are no exceptions. Any “Legal Eagle” worth the title will tell you that “obscenity laws”, are EXTREMELY difficult to prosecute due to the vague definition of the term “obscene” often used in the Law. Because of this, prosecutors are much more likely to seek convictions based on prostitution and/or pandering simply because the cases are easier to prove and conviction is all but guaranteed.

PLEASE do not let yourself be fooled by bad advice from possibly unqualified sources.

If you would like to email me directly, I will be happy to provide you with the contact information for some credible Adult Industry Attorneys who have handled thousands of legal issues for hundreds of Adult Industry Professionals over the years.

Jim Boyd
jimb@sexweb.la