Expert: Dan Pepper - 8/30/2008

Question
Hi Dan,

My background is in web site development / computer programming.  I have a friend who wants to create an adult website and would like to have me involved in it.  He currently sells tshirts and wants to incorporate a store as well as adult content into a website.  Basically, he has a few funny sexual designs he would want site members to buy.  I notice in your past responses you make mention of california as affirmatively legal, where other states are not.  

We are located in Pennsylvania which is where the said content is to be produced.  We have a few females lined up to perform on the site, but have not moved forward as of yet.  The site would be solely 1, 2 or 3 girls in a scene and would range from simple poses (similiar to playboy) to explicit (2 or 3 girls performing on each other).  I understand that you said individuals need to be concerned with the states pandering and solicitation laws.  Also, this would be shot at one of my properties located in PA.  No commercial zoning.  

I am sorry for being long winded, but I want to make sure I provide all the information correctly.

My question breaks down like this:

1.  One of our ladies will help recruit some of her friends to participate in the site and be in some of the content.  Would one need to be concerned about individual solo poses (like in playboy) having the remotest of chances as being viewed as some sort of pandering or prostitution since someone is being paid, but no sexual contact is taking place?  If you have 2 or 3 females performing on one another (sexual contact) is there a possibility of this being considered into a pandering or prostitution law or does that only come up when there are members of the oppisite sex being paid for sexual contact?

2.  With regard to obscenity, I understand that it is based on local community standards, how would this factor into this sort of content?  Also, you mention that in California it is affirmatively legal to produce porn (i notice you mention nothing about distribution in california though) but I see John Stagliano, a producer in California was charged in Washington DC for obscenity?  Is this something to worry about when producing content that you can face charges in other areas?

3.  Lastly, if you prodced a site with say 3 or 4 or 5 girls that are all acquantices as equal partners in a corporation where they are all part of the ownership.  Basically they are not being paid for individual sexual performances, they are performing acts and creating content and making money because of their ownership of the company.  Is this a legal way to avoid the prostitution and pandering issue?  We would not recruit outside people, we would only use the people who are owners of the company.

I notice your practice is located in NJ, about 2 hours from us, are you able to practice law in Pennsylvania?

Thanks,

Jared

Answer
Jared,

You ask a lot of good questions, and the risks you raise are all quite real.  However, you are seeking specific legal advice for your particular situation, which I cannot provide through these boards.

However, you can find some important information as follows:

18 Pa.C.S.A. § 5902(b)(1) and (5) provide:
(b) Promoting prostitution ­ A person who knowingly promotes
prostitution of another commits a misdemeanor or felony as
provided in subsection (c) of this section. The following acts
shall, without limitation of the foregoing, constitute promoting
prostitution:
(1) owning, controlling, managing, supervising or
otherwise keeping, alone or in association with others, a
house of prostitution or a prostitution business; [or]
(5) procuring a prostitute for a patron[.]
18 Pa.C.S.A. § 5902(b).

The Pennsylvania Supreme Court has defined prostitution as "sexual
relations for hire." Commonwealth v. Miller, 469 Pa. 24, 25, 364 A.2d
886, 887 (1976).

I am licensed in PA, so would be happy to discuss your situation further.  Contact me through www.adultwebsitelawyer.com.