Expert: Dan Pepper - 4/26/2011

Question
Hi, I'm representing a group of friends interested in filming pornographic films together and was wondering about the laws associated with filming, producing and distributing said films in the state of Illinois.  We are all 18 years of age and want to go about this carefully so not to get into any legal trouble as a result of our films.  Thank you and I appreciate your time, I really hope we can get filming!

Answer
Aaron,

There are no specific laws in the state of Illinois regarding the production of adult films.  The primary legal considerations are whether or not you and your friends would be violating the state's prostitution and pandering laws.  You can view these laws here:  http://prostitution.procon.org/view.background-resource.php?resourceID=734

Whether or not you have First Amendment free speech rights to product pornographic films is a murkier area.

In 1988, the California Supreme Court in a case named People v. Freeman. decided that pandering laws could not be used as a "tool to impose a system of governmental censorship of erotic materials."  Effectively, this means that the production of adult content in California is not pandering on the part of the producer, nor prostitution on the part of the performers.

With the explosion of adult content on the Internet since the 1990s, and the fact that very few pandering or prostitution charges were brought against adult performers or producers, it has generally been assumed that such content could be produced in the U.S. without risking these types of charges.

That being said, no other state in the U.S. has considered the decision in the Freeman case, which means we don't have a definite answer how other states will handle it.  New Hampshire has a court decision which MAY, under certain limited circumstances, permit certain forms of adult content production.  However, it is safe to assume that the more conservative jurisdiction you produce your content, the higher your risk.

Additionally, any adult content that is considered "obscene" under the definition of the U.S. Supreme Court, is also prohibited and illegal.  You should also be aware that any agreements or model releases you put in place with talent are null and void if the underlying acts are illegal.

Your best bet is to have a qualified attorney give you an analysis based upon your particular situation - where and how you are producing and the nature of your content.  If you'd like to contact me, you can do so through www.adultwebsitelawyer.com