Expert: Dan Pepper - 12/4/2009

Question
Can I produce and also at the same time act in an adult film? The producer would be financing the film while participating in the sexual act also- wouldn't that be considered prostitution or is the producer protected by one's job title/description? One is to invent a studio financing the project at hand, the actors would be working for the studio (corporation/business) and not a person which would create a safe haven for the owner to take part in production also. The actor gets paid by the studio only and not another actor in the production.

Answer
Darrien,

Much of this analysis depends upon the jurisdiction in which the production is taking place.  As a result of the California v. Freeman case, California does not consider the production of pornography to be pandering or prostitution.  However a person in California can be lawfully convicted of pandering if he pays the actors for the purpose of sexually gratifying himself or the actors.  In your situation (and assuming you are in CA), the act of producing and acting in a film would trigger pandering if the scenario is similar to the one I've described.

If you are outside of CA, there are very few jurisdictions that have addressed this issue directly, so like any production of adult content outside of CA, you run a high risk of a solicitation of prostitution or pandering charge.

I would STRONGLY advise against you launching this venture without obtaining qualified legal counsel who is well versed in this area.