Expert: Jim Boyd - 3/10/2009

Question
So i read that shooting porn is illegal in ny. What about if you do it in the privacy of your own home and post it on xtube.com where they allow pay per view video clips. Is that illegal as well. If i live in NY i can't film two people going at it...then post it on xtube for people to buy. Is that still ilegal that way?

Answer
Unfortunately, you are reaching for one of the many imaginary loopholes people read about on the Internet, and it can lead to a whole world of legal trouble.

Distribution via xtube (or any other distribution method) has absolutely nothing to do with production location. No matter where or how the product is distributed, production in New York would still be a violation of State prostitution/pandering Laws.

California is the ONLY place in the United States where productions of this type are actually legal. Adult film production is legal in California due to a precedent created by a 1988 decision of the California Supreme Court (California vs. Freeman). As a result of that decision, California became the FIRST AND ONLY state where a person can be legally hired to have sex for the purpose of making adult films. However, producers are still required to obtain permits before starting any such production. NO OTHER STATE HAS SUCH A PRECEDENT therefore production in any other State is, and will remain, ILLEGAL!

There is simply no way to legally way produce such material outside of California.