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Expert: - 12/20/2011


Question
is making a private production of a bdsm scene where dildos are being used either by hand or on a 'strapon' illegal? The production in fact is being paid for by the person receiving the 'treatment'. We have been told this might be construed as prostitution, some say we are protected under the first amendment. Yes mo?

Thank you

Answer
Bob,

You did not indicate in which jurisdiction you reside, and your state's prostitution and pandering laws will dictate how this activity will be treated.  Based on the facts you've given, however, it is my opinion that it is unlikely this activity would be protected free speech, and more likely it would be considered prostitution and/or pandering.

I strongly recommend you obtain the opinion of legal counsel qualified in the area of pornography and free speech.  If you'd like to discuss this with me further, feel free to contact me through my website at adultwebsitelawyer.com

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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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