Expert: Dan Pepper - 5/14/2010

Question
I am gathering information on starting a 'store' on one of the 'post your videos here' adult sites.  I want to do everything legally, and am familiar with 2257. I'd be using model releases and paying the actresses.   

Basically, I don't know what I don't know.  I'd like to hire actresses, but, I don't want to get arrested for soliciting. I have potential actresses, but, they are in NJ, PA, MD, DE, and VA, so, I'd like to be sure that I abide by the laws in each state so as to not wind up in jail! Should I contact the District Attorney's office in each jurisdiction? A criminal defense attorney?  A vice squad cop?   I guess I am just looking to be pointed in the right direction, maybe to even just find out if what I want to do is feasible.

Thanks!

Answer
John,

You do run the risk of solicitation by approaching potential adult film talent in NJ, PA, MD, DE, and VA.  California, and to a certain extent New Hampshire, are the only states where there is legal precedent permitting production of sexually-explicit content, so anytime you solicit or produce this sort of content outside of those states, you are taking a calculated risk.

That risk can be minimized through the use of good business practices, but since there are no laws that affirmatively permit (or prohibit) production of adult content in the states you've mentioned, contacting any of the individuals you mentioned won't help you.

Your best bet is to contact an attorney who concentrates in the adult entertainment law area, and understanding what the specific risks are.  If you'd like to contact my office, you can do so by visiting www.adultwebsitelawyer.com.