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Adult Film/complicated issue on legally operating

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Question
Dear Dan Pepper,

I am a resident of the state of Florida. I am looking to start a business where I can legally offer people to come and shoot a sexual fantasy scene with me while being recorded for them to either take home with them or a digital copy sent to their email. In essence, this would be a one person business, where I would be both the adult film star and the person recording the session with stationary equipment. I am sure this could be a complicated issue as this, if not done properly, could be construed as prostitution. What advice on licensing, record keeping, and any other nuances should I be aware of to legally move forward with this endeavor? It should be noted that my initial intention is to offer this service in a discreet setting; i.e. my personal residence. Would zoning issues come into question?

Thank you for your help.

Sincerely,
Ashlie

Answer
Ashlie,

This is an enormously risky venture, and could easily be considered prostitution, especially since you are creating a video record of the session.  I would NOT recommend setting it up as you've described.

Also note that Florida does not have any laws that specifically permit the production of pornography.

There may be a few options here, but I cannot give legal advice in this forum.  Feel free to contact me through my website at adultwebsitelawyer.com if you'd like to discuss further.

Dan

Adult Film

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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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