Expert: Dan Pepper - 9/27/2011

Question
In attemping to film/produce adult films in this state, under these laws, would I be subject to pandering/prostitution charges?

Pandering:
•keep, set up, maintain, or operate any place, structure, building or conveyance for the purpose of prostitution
•occupy any place, structure, building, or conveyance for the purpose of prostitution; or for any person to permit any place, structure, building or conveyance owned by him or under his control to be used for the purpose of prostitution, with knowledge or reasonable cause to know that it will be used for prostitution
•receive, or to offer or agree to receive any person into any place, structure, building, or conveyance for the purpose of prostitution or to permit any person to remain there for such purpose
•direct, take, or transport, or to offer or agree to take or transport, any person to any place, structure, or building or to any other person, with knowledge or reasonable cause to know that the purpose of such directing, taking, or transporting is prostitution
•procure, or to solicit, or to offer to procure or solicit for the purpose of prostitution
•reside in, enter, or remain in any place, structure, or building, or to enter or remain for the purpose of prostitution
•engage in prostitution or assignation, or to aid or abet prostitution by any means whatsoever
•direct, take, or transport, or to offer or agree to take or transport, any person to any place for prostitution purposes

Prostitution: The term "prostitution" shall be construed to include the offering or receiving of the body for sexual intercourse for hire, and shall also be construed to include the offering or receiving of the body for indiscriminate sexual intercourse without hire. The term "assignation" shall be construed to include the making of any appointment or engagement for prostitution or any act in furtherance of such appointment or engagement...


(1) To keep, set up, maintain, or operate any place, structure, building or conveyance for the purpose of prostitution or assignation.


(2) To occupy any place, structure, building, or conveyance for the purpose of prostitution or assignation; or for any person to permit any place, structure, building or conveyance owned by him or under his control to be used for the purpose of prostitution or assignation, with knowledge or reasonable cause to know that the same is, or is to be, used for such purpose.


(3) To receive, or to offer or agree to receive any person into any place, structure, building, or conveyance for the purpose of prostitution or assignation, or to permit any person to remain there for such purpose.


(4) To direct, take, or transport, or to offer or agree to take or transport, any person to any place, structure, or building or to any other person, with knowledge or reasonable cause to know that the purpose of such directing, taking, or transporting is prostitution or assignation.


(5) To procure, or to solicit, or to offer to procure or solicit for the purpose of prostitution or assignation.


(6) To reside in, enter, or remain in any place, structure, or building, or to enter or remain in any conveyance, for the purpose of prostitution or assignation.


(7) To engage in prostitution or assignation, or to aid or abet prostitution or assignation by any means whatsoever

Thank you I deeply appreciate it
Bobby

Answer
Bobby,

I cannot provide legal advice in this forum.  In any event, there is no way for me to answer this question without knowing much more about the nature of your business, your jurisdiction, and other details.  You should always assume that your risk is extraordinarily high in launching an adult film business, so you are taking a huge risk in doing so without retaining a qualified lawyer experienced in representing clients in the adult industry.

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