Expert: Jim Boyd - 12/24/2007

Question
Hi Jim, I live in near Central Fl and I am a cinematographer and artist. I want to hire female performers to film some very artsy simulated masturbation and fetish shots with lots of nudity, probably in discrete motels or private sets. Would I need special permits to film this? Do I need testing? No body contact in the whole shoot. There's no sex involved, just seductive poses and erotic movie shots exposing it all. Any trouble doing this here in Florida? Any advice on how to pull this off? Remember, it is not porn, just erotica, but where do I draw the line, if any?

Answer
Hi Jason,

First off, you need to remember that it is ILLEGAL to hire people to have sex in the State of Florida, and there are no exceptions for Adult Film Production.  California is the ONLY place where you can legally hire someone to have sex for the purpose of producing Adult Material. Doing so in any other State may land you in jail on charges related to prostitution and/or pandering.

Now that being said, on to your question.

While filming a woman masturbate it not illegal in the State of Florida, you need to remember that you will be walking a legal tight rope with such a production. There can be absolutely no sexual contact between performers at all. Even something as simple as a kiss involving two naked women could be enough to land you in trouble.

Frankly, a film project such as the one you described will be solely up to the interpretation of the local authorities, and even if you follow the ‘NO SEX”  limitations to the letter, you may still end up in a legal nightmare.

As for permits, you simply can’t get one. The State of Florida dose not condone the production of Adult Material, therefore it does not issue permits that will allow for it.

Bottom line…Technically what your propose is perfectly legal but you will need to be very careful.

Also you need to understand that what you propose is still Adult Material therefore, you will be REQUIRED to be compliant with USC Title 18 Section 2257 and CFR Title 28 Part 75. Failure to do so will DEFIANTLY land you behind bars for at least 5 years on federal charges.

Jim Boyd