Expert: Dan Pepper - 1/26/2010

Question
Dan,

I have a few questions that I hope you can help me with.

A friend of mine wants to start acting in adult films or do nude modeling, and I am going to be a manager of sorts for her.  We are from New Jersey.  I understand that California is the only state which allows actual sex between models, but I can't find any information as to what is allowed in New Jersey.  I'd assume that nude photo modeling is not off the table, nor is solo video of masturbation or things like that.  What other kind of things are legal in New Jersey?  (Or if it's easier, what is NOT legal?)  What about softcore porn where there is no visual penetration?  Is it legal to show oral sex?  What about girl-on-girl video?  Is it legal to show this?

I can't find any information about this anywhere, unfortunately.

The reason I ask, and this leads me to my next question, is what kind of red flags should I look for when trying to figure out the legitimacy of a certain photographer or website?  I know there are many people out there who want to be pornographers that don't know or follow set laws.  If I'm going to manage my friend, what questions should I ask the pornographer to judge their legitimacy?  What if they ask my friend to do something that is illegal in the state of New Jersey?

Thanks, I very much appreciate the help.

Answer
Al,

You will not find any specific legislation in New Jersey regarding the filming of adult content, since there isn't any.  The only relevant legislation is that dealing with prostitution and pandering, and you can find that here:  http://prostitution.procon.org/viewbackgroundresource.asp?ResourceID=751  I cannot provide legal advice in this forum, but I recommend you carefully read part (a) of the statute.

As far as finding photographers, I STRONGLY advise you not go in blind.  There are numerous operations that claim to be legitimate, but may have absolutely no experience or credibility.  Find out what they've previously done, and talk to people they've worked with.  Take a look at their work.  Ask who they know in the industry, look those people up, and see if THEY are legitimate.  You'd do well to start doing research at websites like xbiz.com, ynot.com, and cozycampus.com.  Because you are just venturing into this business, I would highly suggest you seek the advise of an attorney versed in adult entertainment law so you are clear on what the rules of the road are.  There is simply too much risk otherwise.