Expert: Dan Pepper - 6/21/2011

Question
i saw on all experts that california and new hampshire were the only true states to film adult movies legally. but i also saw some were filmed in florida, i was wonderin what makes it legal in florida. i live in north carolina and my biz partner and i are currently scouting talent out of 3 colleges but are looking for a place where we can film legally. can u help?

Answer
Mike,

California and New Hampshire are currently the only states in which the courts in those states have indicated that First Amendment free speech rights extend to adult film production.

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

That being said, since no other state in the U.S. aside from California and New Hampshire have considered this issue, we don't have a definite answer how other states will address it.  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.

I STRONGLY recommend you retain a qualified attorney who can advise you regarding the jurisdiction in which to solicit and film talent, as well as advising you on the other aspects of running what is a very high risk business.

If you'd like to discuss further, feel free to contact me through my website at http://www.adultwebsitelawyer.com