Expert: Jim Boyd - 7/27/2008

Question
Jim,
thanks for your fantastic site. i have a question.  is it still illegal to film adult movies in Virginia?  Even if they are just cheesy homemade ones to be sold on ebay?  also is it legal to sell professional adult dvd's bought from a California wholesaler?  I noticed the local video rental places rent them.  Can you help?

thanks,
Paul

Answer
You have a couple of different question here so I’ll address them separately.

Q: Is it illegal to film adult movies in Virginia even if they are just cheesy homemade ones to be sold on ebay?


A: NO…it is NOT legal to produce Adult Films in the Commonwealth of Virginia and sell them on eBay. Doing so would would be a violation of several Virginia State Laws as well as a few Federal Distribution Laws as they relate to Adult Material.

Q: Is it legal to sell professional adult DVDs bought from a California wholesaler?

A: Yes/No/Maybe. The laws related to the sale/rental of Adult Material are going to vary from State to State as well as City to City. In Virgina, what may be legal in Charlottesville, may just get you locked up in Fairfax.

The fact that local video rental stores carry Adult Films in addition to mainstream motion pictures is NOT a good indicator that it would be legal to open a business that specializes in Adult Products. I would suggest you speak with a local Attorney and inquire about the legality of such a business in your area.