Expert: Dan Pepper - 4/13/2009

Question
My husband and I would like to start our own website based out of our home in Virginia, but someone recently told us that it's illegal to shoot here. Our site would just be the two of us, maybe sometimes some friends, engaging in various BDSM activities and hardcore sex in bondage. I know there are legal issues regarding whether or not it's prostitution, but would that still apply if we're a married couple doing it ourselves? My husband has also said that we could use a server in another country and no one would be the wiser, but I'm just worried about getting into legal trouble. Please help!

Answer
If the activities are only between you and your husband, you shouldn't worry about prostitution charges, however it could be an issue if you bring others into the mix.  VA has EXTREMELY restrictive prostitution laws (see http://prostitution.procon.org/viewbackgroundresource.asp?ResourceID=767), especially § 18.2-346(A).

Virginia has also seen some obscenity prosecutions fairly recently, so the BDSM activities should make you extremely cautious.  Since obscenity prosecutions are typically brought at the local, community level, your particular location in Virginia will make a difference.  You should review the state's obscenity statute at http://www.moralityinmedia.org/nolc/stateObscLaws/virginia.pdf

You are STRONGLY advised to retain qualified counsel prior to launching this business, as the nature and location of your planned activities post some significant risks.  If you'd like more information, feel free to contact me through my website at www.adultwebsitelawyer.com.