Expert: Jim Boyd - 11/27/2007

Question
I read one of your other Q/A and found it very informative, this is why i'm asking you. I can't seem to find any answers on the legality of shooting porn in California without a condom. Someone told me it is legal as long as I do not own the building i'm shooting in, is this correct?

Answer
Hi Dillon,

I’m going to attempt to provide you with an answer so sit back and get comfortable this may get a little detailed.

Mandatory condom use in the Adult Film industry has been the subject of debates for several years now. There have been a couple of legislators who have threatened to write mandatory condom use into law but this has not yet happened. So for the moment, condom use in Adult film production is still voluntary.

The most heated debates started a few years back (2004) when a male performer (who had tested negative just days before) passed HIV to 3 of 14 female cast mates. Many used this as proof that frequent testing was not enough to insure the safety of Adult performers. Some producers agreed, and started requiring their performers to use condoms in every shoot...a practice that many have now abandon.

So to answer your question, NO, California law does not “technically” require the use of condoms during the production of adult films, and to my knowledge location ownership has absolutely nothing to do with it.

Notice how I said California law does not “technically” require the use of condoms? That’s because there is a major legal pitfall in this issue...in the form of California State Code of Regulations Title 8 which, for the record, is enforced by OSHA.

CSCR Title 8 requires ALL employers to provide a safe working environment and to protect their employees from coming into contact with any infectious materials. This includes blood, semen, and vaginal fluids. If you produce a film without condoms, and one of your performers ends up catching an STD, you can be held legally responsible and may find yourself needing a really good lawyer. The fines for OSHA violations can be HUGE and may be accompanied by extensive jail terms.

Many people do not understand that while CSCR Title 8 was never meant to actually regulate the Adult Film Industry per say, Adult Film Producers do fall under it’s regulation in regard to bodily fluids and the potential heath hazards they represent.

So there you have it. NO, California has no law that specifically says performers must use condoms in Adult Film productions. However, not using them may turn around and bite you in the ass as a result of an OSHA violation should one of your performers become infected with an STD as the result of not using them.

My policy on condom use is this....protect yourself, your business and your performers and use them. I have produced 314 films with a countless number of individual scenes and condoms were used in EVERY SINGLE ONE OF THEM.

Hope this helps
Jim Boyd