Expert: Dan Pepper - 7/2/2011

Question
I know this is similar to other questions, but I'm having trouble finding a specific answer. I would like to know if it's legal to pay someone to appear in a pornographic film in Clark County, Nevada with intention to upload the videos to existing websites. I will not be running my own website or business, but simply upload the videos to sites where others can purchase the videos and I would get paid. The big question is if I can pay for someone to appear in the videos without it being considered solicitation or prostitution?

I read through the solicitation laws and nothing seems to mention anything about filming. I plan to keep thorough records for 2257 and am well aware of the child pornography laws.

Thank you.

Answer
Hi Shawn,

You are correct in that you will not find anything specifically identified in the Nevada prostitution laws regarding the filming of adult content.  Unfortunately there is no simple answer.

A little bit of background is necessary:

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.

How does this apply to your situation in Nevada?  Your best bet is to have a qualified attorney give you an analysis based upon your particular situation - where you are producing and the nature of your content.  It looks like you've already sent me a request for a consultation through http://www.adultwebsitelawyer.com so we can discuss it further then.