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Adult Film/Is it legal for girls to stream via webcams for subscribers to website?


Question
I live in Texas and I am considering a small business where i have girls livestream via my site.  they will range from simple dancing/stripping to playing with adult toys/masturbation.  If there is no sex between customer (subscribers) and the woman, is it legal to do this?

Answer
There are plenty of laws criminal laws that can be violated in the operation of a streaming webcam operation, and plenty of civil liability that can land on the head of the operator, too.

But there are ways to navigate through all of this and to accomplish what you propose in a legal manner. Good intentions are not enough. You must comply with all of the laws and you must take steps to protect yourself from liability.

There are unanswered questions about whether prostitution can be committed in a remote way, for example through what is sometimes called teledildonics. I don't know of any criminal prosecutions that have been brought under such a theory nor of any published appellate court decisions that assess the issues. It's not impossible that a court just might conclude that prostitution can be committed remotely, though my personal opinion is that, in the normal circumstances that I'd take for granted, it would be a real stretch of those prostitution statutes to be legitimately applied when the performer and the customer are many miles apart.

If you plan to explore a webcam project, contact my office or that of any other attorney competent in these issues before you do anything at all.

Best,

JD

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J. D. Obenberger

Expertise

Numerous trials, including jury trials, criminal and civil since 1979. Obscenity. Section 2257. Copyright. Trademark. Communications Decency Act Section 230. Right of Privacy/Right of Publicity. Defamation/Libel/Slander. Warning Pages. Adult Internet Sites. Strip Clubs/Gentlemen's clubs. Massage Parlors. Prostitution. I am the author and operator of http://www.xxxlaw.com, the most comprehensive online legal resource concerning the law of adult entertainment online.

Experience

I've been an attorney for 34 years, nearly 20 years as an attorney concentrating in adult entertainment law. Have spoken at 72 adult webmaster show legal seminars and forums in six nations, seven American states, and three provinces of Canada, have appeared on the O'Reilly factor concerning obscenity, have been published by Thompson-Gale. Full qualifications at xxxlaw.com. My firm, J.D. Obenberger and Associates has provided representation in both criminal and civil matters for adult content producers, the operators of adult online businesses, as well as brick and mortar adult operations for nearly twenty years. We provide legal strategy, forms, protocols, and guidance for every kind of adult operation. Our clients find us available 24/7/365 in every emergency. My background includes numerous jury trials including the defense of major drug case in federal court on the Mexican border at Brownsville, forgery, sexual assaults, gun offenses, aggravated kidnapping, and such civil matters as pharmaceutical malpractice, premises and construction liability, and personal injury. I have prosecuted cases in the name of the United States while serving as a Captain in the United States Army Judge Advocate General's Corps. I have represented and advised clients in every part of the United States and from Hong Kong to Budapest. I am a regular columnist for XBIZ World and have published numerous articles in AVN and AVN Online and for YNOT.

Organizations
First Amendment Lawyers' Association, Free Speech Coalition, National Rifle Association, American Legion.

Publications
AVN, XBIZ, YNOT, Online Pornography, published by Thompson-Gale.

Education/Credentials
Doctor of Law, 1979, University of Wisconsin Law School. Dean's List. Graduate, National Institute of Trial Advocacy. Guest Lecturer, John Marshall Law School. I have presented Continuing Legal Education for practicing attorneys. Undergrad BA, the University of Wisconsin, double major in Political Science and History. Graduate, 90th Basic Judge Advocate General's Course on the campus of the University of Virginia.

Awards and Honors
Army Commendation Medal awarded as a Captain, US Army Judge Advocate General's Corps, as the most requested criminal defense lawyer in the US Army, Europe.

Past/Present Clients
No legal issue too great or too hot to handle, no client too small to deserve zealous and effective representation.

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