Expert: Dan Pepper - 7/31/2008

Question
QUESTION: Hello, my question is this. With the laws being what they are in Texas, can a person actually have a porno business in Texas legally, and if so how? Thanks in advance for the answered.

ANSWER: The only state in the U.S. which affirmatively permits the production of pornography is California.  In every other state, the production and distribution of pornography may trigger violations of state obscenity laws, or prostitution or pandering laws.  As I always say, it's only illegal if you get caught, but the mere production of pornography outside of California isn't necessarily illegal; there just aren't any affirmative laws saying it's actually legal.

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QUESTION: So how can I protect myself if I decide to peruse this course of actions? All I'm trying to do is film solo women and sell DVD's. Is there a loophole that I can exploit? What if I find a distribute based out of California? Also if I do get caught, would I have any legal grounds to stand on? Thanks in advance for the help.

Answer
You are asking for specific legal advice which I cannot provide over these boards.  As I often say here, you would be foolish to get into this business without getting qualified legal help first.  Getting it wrong means possible jail time and significant fines.  Feel free to contact my office if you'd like to discuss further.  Contact info can be found at www.adultwebsitelawyer.com.