Expert: Jim Boyd - 9/4/2008

Question
Hi. I was chatting with a stripper recently about co-starring in a private home video for my personal use. The stripper asserts that it is 100% illegal to pay someone for sex, but it is 100% legal to pay someone to allow you to record, and keep for personal use, a video of you having sex with them. This is supposedly a legal loop hole that seperates prostitutes from porn stars. Having read previous posts.. I'm guessing the actual contracts need to be very specific rather than something typed up on my word processor?

On another note, what is the average cost to have a consultation with a lawyer about getting started in the business of filming for personal use.

Answer
Your stripper friend is absolutely right when she says that “it is 100% ILLEGAL to pay someone for sex”.

Unfortunately, she is absolutely WRONG when she claims it is “100% legal to pay someone to allow you to record, and keep for personal use, a video of you having sex with them.” If that were the case, every street walking whore would take advantage of this imaginary “loophole” by carrying a video camera in her purse. Even if you video tape it “for personal use”, paying someone for sex is still prostitution.

Contracts for such filming would not be worth the paper they are written on, because you simply cannot legally enter into a contract that involves obviously illegal activity. Not even a good Lawyer would be able to change that fact.


California is the ONE AND ONLY place in the U.S. that legally recognizes a difference in paying someone to have sex for the purpose of producing Adult Material and paying someone to have sex as it relates to common prostitution. However, such production work would have to be done under a special permit issued by the State Of California, and only legitimately licensed, and insured Production Companies would qualify for those permits.