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About Jim Boyd
Expertise

I have been involved in the Adult Industry for 16 years as a Producer, Director and Distributor of Adult Films. I can answer questions related to every aspect of this business including :

Production

Post-Production

Distribution

Marketing

Compliance With State Laws

Compliance With USC 2257



Experience

To date my company has produced 336 Adult Films and designed more than 8,000 Adult Websites for various clients. My success in the Industry has achieved recognition if the form of two AVN awards and three F.A.M.E. award nominations

Women interested in becoming Adult Performers may contact Me here jimb@sexweb.la

I DO NOT answer questions related to Gay/Transsexual porn, the production of Adult Material outside of the United States or questions asked by anyone under 18



Education/Credentials
BS in Business Administration, MA in Film/Production

Awards and Honors
Honored recipient of two AVNs.
Two time F.A.M.E. award nominee.
Highest rated Adult Film Expert on Allexperts.com

 
   

You are here:  Experts > People/Relationships > Adult Film > Adult Film > BDSM porn

Adult Film - BDSM porn


Expert: Jim Boyd - 11/10/2009

Question
A friend of mine is interested in starting a BDSM porn internet company.  I know that production of porn is illegal in NYS...what is the exact definition of that?  Does it simply mean sex can't happen?  Do you have any knowledge of how the NYS laws apply to BDSM porn?

Answer
Unfortunately, there is no concrete legal definition of "Porn" in NYC...or anywhere else in the United States. However, U.S. Federal Law (USC Title 18 Section 2256)does provide a legal definition for "sexually explicit conduct" as being:

Actual or simulated
  (i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex;
  (ii) bestiality;
  (iii) masturbation;
  (iv) sadistic or masochistic abuse; or
  (v) lascivious exhibition of the genitals or pubic area of any person
     (B) For purposes of subsection (8) (B) of this section, “sexually explicit conduct” means—
  (i) graphic sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex, or lascivious simulated sexual intercourse where the genitals, breast, or pubic area of any person is exhibited;
  (ii) graphic or lascivious simulated;
  (I) bestiality;
  (II) masturbation; or
  (III) sadistic or masochistic abuse; or
  (iii) graphic or simulated lascivious exhibition of the genitals or pubic area of any person;

So under Federal Law something as simple as full frontal nudity could be considered pornography.


Now...this does not in any way mean that filming non-sexual BDSM material in NYS is a crime...provided it remains non-sexual in nature. Meaning no actual sex or sexual acts that would put you afoul of NYS prostitution/pandering Laws.

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