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Question
Does paying an actor/actress for filming masturbation fall under a state's prostitution laws, ie NY or NJ?
NJ defines "sexual activity" for purposes of prostitution as including, but not limited to, sexual intercourse, including genital-genital, oral-genital, anal-genital, and oral-anal contact, whether between persons of the same or opposite sex; masturbation; touching of the genitals, buttocks, or female breasts; sadistic or masochistic abuse and other deviate sexual relations.
Although the NY statutes have not defined "sexual conduct," but courts in NY have typically included masturbation in that definition.
If you are paying an actor/actress to masturbate for your own personal enjoyment and you film it, in my opinion that activity is prostitution. If you are paying the actor/actress solely for purposes of making an adult film for commercial purposes, such activity falls within the mostly untested and vague area where free speech rights tangle with prostitution laws. If you are considering this activity, I would STRONGLY suggest you retain a qualified attorney in this area to advise you.
If you'd like to discuss your situation further, feel free to contact me through www.adultwebsitelawyer.com.
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Answers by Expert:
Dan Pepper
Expertise
Lawyer representing adult industry businesses and entertainers, and can answer questions related to:
How to start an adult film business or adult website LEGALLY.
What laws to be concerned about with getting into the adult entertainment industry.
What terms and conditions do you need on your adult website.
How to comply with 18 USC 2257 - the federal record keeping requirements.
What forms and agreements do you need for models and crew.
How to deal with copyright and trademark laws.
Before asking your question, I recommend visiting adultwebsitelawyer.com and requesting a copy of the Top 6 Considerations of Starting an Adult Entertainment Business. You may find your question answered there.
I ALSO DO NOT ANSWER QUESTIONS FROM MALES INTERESTED IN STARRING IN ADULT FILMS.
Experience
I have been practicing law since 1994, and have represented numerous businesses and entertainers in the adult entertainment industry as the managing member of Pepper Law Group, LLC, at adultwebsitelawyer.com.
My firm also operates 2257Sentry, one of the industry's leading 18 USC 2257 custodian record keeping services for producers of adult content.
Organizations
Free Speech Coalition,
Frequent speaker at adult industry events including the Internext Expo and Exxxotica New York; interviewed in AVN Online; regular contributor to XBiz World
Publications
XBiz World
AVN Online
Education/Credentials
BA in Political Science, JD (law degree)
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