Expert: Dan Pepper - 1/22/2011

Question
Dan,
First off, allow me to clarify:  I am not seeking any specific legal advice.  I know that before I move forward, I will need an attorney to handle these issues for me.  Instead, I am looking for information. I have reviewed the Texas laws of pandering and prostitution, but these laws are quite vague.
I am from Texas, and I am looking to create a brand-new web site with my fiancée.  It is a fantastic, unique idea, and I am fully confident that it will be successful if done well.  Of course, Texas has its way of complicating our civil liberties.  
It goes without saying that I want to stay away from jail.  Anyway, would I be able to get around our laws if my fiancée and I were the only two people appearing in the content, and neither one of us is directly paid?  Instead, as the owner of the web site, I would simply receive profits directly from my monthly subscribers.

Furthermore, is it possible to maintain our anonymity, the business would (I assume) be registered under my name?  We are both intelligent, college-educated people, and if the web site fails, we will end up pursuing more traditional careers.  This could prove to be a problem if potential employers subject us to a background check.

Thirdly, could you point me to a resource that would clarify the Supreme Court's definition of "obscene" content? I would like to know specific examples of what I am not allowed to produce in America.


Pornography is a passion of mine.  I consider it to be an art form that simply receives too much criticism from the government and the general population.  Although I am excited at the prospect of this business venture, I remain cautious for all of the obvious reasons.  Any information you can provide would be great, and I will not consider any of it to be "legal advice."

Answer
Chris,

Thanks for your message.  The answers to your inquiries will depend heavily upon the specific nature of the content you and your fiancée are seeking to create.  Prostitution in Texas requires the payment of a fee, so in your situation the risk of violating that law would certainly be much lower.

There are certain states which allow you to keep your name, as the business owner, off of the public record legally.  Of course, there is no such thing as 100% anonymity, but many adult production companies choose this option.  Another option is setting up what's known as a "double blind" corporate structure, where you have one entity own a separate entity that operates the business.

You can view some information about Texas' definition of obscenity here:  http://law.onecle.com/texas/penal/43.23.00.html  Unfortunately, the application of these laws are inconsistent and confusing, at best.