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Adult Film/Texas filming Laws and loopholes

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Expert: - 8/5/2010


Question
I know that it is illegal to "pay someone for sex in any way" but i want to be a porn producer, and i live in Texas. my question is would this loophole work: If I made a "movie" with volunteers who do not get paid for their services, whom are strictly in it for the exposure, and i drew up a contract (stating that they receive no monetary benefit) that they must sign prior to filming, would it be legal to film them having sex, then distribute the finished product for a price (as said in the state of Texas)?

If you can answer this question it would be a gigantic help!
P.S.- is legal to pay someone to be in a provocative nude photoshoot in Texas?

Answer
CJ,

I cannot give legal advice on these boards, however here is a link to the Texas prostitution statute and you can make a determination for yourself:  http://prostitution.procon.org/view.background-resource.php?resourceID=764

Regarding a nude photo shoot, I am not aware of any violations to do so, unless it was in public or the model was under the age of 18.

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Dan Pepper

Expertise

Lawyer representing adult industry businesses and entertainers, and can answer questions related to:

How to start an adult film business or adult website LEGALLY.

What laws to be concerned about with getting into the adult entertainment industry.

What terms and conditions do you need on your adult website.

How to comply with 18 USC 2257 - the federal record keeping requirements.

What forms and agreements do you need for models and crew.

How to deal with copyright and trademark laws.

Before asking your question, I recommend visiting adultwebsitelawyer.com and requesting a copy of the Top 6 Considerations of Starting an Adult Entertainment Business. You may find your question answered there.

I ALSO DO NOT ANSWER QUESTIONS FROM MALES INTERESTED IN STARRING IN ADULT FILMS.

Experience

I have been practicing law since 1994, and have represented numerous businesses and entertainers in the adult entertainment industry as the managing member of Pepper Law Group, LLC, at adultwebsitelawyer.com. My firm also operates 2257Sentry, one of the industry's leading 18 USC 2257 custodian record keeping services for producers of adult content.

Organizations
Free Speech Coalition, Frequent speaker at adult industry events including the Internext Expo and Exxxotica New York; interviewed in AVN Online; regular contributor to XBiz World

Publications
XBiz World AVN Online

Education/Credentials
BA in Political Science, JD (law degree)

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