Expert: Dan Pepper - 12/6/2010

Question
I read on some of the other answers that California is the only state that can produce adult video, since you would pay the actors. What would happen if you did not pay the actors and then got licensed in California, then upload the material to the California based site? Would that get you around the Texas laws? Thank you for your response in advance.

Answer
Michael,

If I understand your question, you're asking whether producing an adult video in Texas would circumvent the prostitution and pandering laws if you do not pay the actors.  

The Texas prostitution statute can be found here:  http://prostitution.procon.org/view.background-resource.php?resourceID=764  The definition of prostitution is:  

§ 43.02: PROSTITUTION
(a) A person commits an offense if he knowingly:

   (1) offers to engage, agrees to engage, or engages in sexual conduct for a fee; or

   (2) solicits another in a public place to engage with him in sexual conduct for hire.

I cannot give legal advice in this forum, so you'll need to determine whether your plans would trigger either of these scenarios.

Also, you should review the definition of pandering in Texas, which is:

In the State of Texas, pandering is also called “promoting prostitution.”  Under the State of Texas criminal law, pandering/promoting prostitution includes the following acts:

   * Knowingly receiving money or other property under an agreement to participate in the proceeds of prostitution; or
   * Knowingly soliciting another to engage in sexual conduct with another person for compensation

If you'd like to discuss your situation further, feel free to contact me at http://www.adultwebsitelawyer.com