Why is it legal to pay a girl to have sex with you in a video or pictures? - GoFuckYourself.com - Adult Webmaster Forum

X

Brown Bear

Confirmed User

Join Date: May 2002

Posts: 4982
Share

Post
#1

Why is it legal to pay a girl to have sex with you in a video or pictures?

02-11-2003, 09:05 PM

I've never understood why it's legal to pay a girl to fuck you on video or in pictures, but it is illegal to pay a girl to just fuck you normally (prostitution).

Any content producers care to explain this?

Surrender all your independent thinking and Click Here for re-programming.
Tags: None
psyko514

See sig. Join Epic Cash.

Join Date: Oct 2002

Posts: 22366
Share

Post
#2

02-11-2003, 09:06 PM

now that's an interesting question

Bad Girl Bucks - 50% Revshare through CCBill.
Promote BrandyDDD, Pixie's Pillows, Action Allie and more!

Phoenix Forum Pics | Webmaster Access Montreal pics
email: psyko514(a)gmail.com | icq: 214-702-014
Comment
Brent

Confirmed User

Join Date: Sep 2002

Posts: 939
Share

Post
#3

02-11-2003, 09:07 PM

dont forget they are actors. your paying someone to act. acting is legal.

Skid Army
Comment
Dax

Confirmed User

Join Date: Apr 2002

Posts: 3161
Share

Post
#4

02-11-2003, 09:09 PM

Easy answer:

On video you are not paying the girl for the sexual act, but for the rights to the video/pictures.

Also, anything that is being recorded/videtaped/photographed can be considered of artistic value.

etc..

When you hire a prostitute.. u are hiring her for the sexual pleasure.. When you hire an escort u hire her for her 'companionship' and that is why escorts are legal and whores are not.
Comment
stevo

Confirmed User

Join Date: Aug 2002

Posts: 2051
Share

Post
#5

02-11-2003, 09:09 PM

Thats why i always carry a model release form...
Comment
webbastard

Registered User

Join Date: Jan 2003

Posts: 19
Share

Post
#6

02-11-2003, 09:11 PM

Originally posted by Brent
dont forget they are actors. your paying someone to act. acting is legal.

So maybe we could claim going with a hooker as an audition? Production expense?

Worth a try. (Some of the content I've come across looks like the line between actres and hooker (or crack whore) gets blurrier all the time.) hehe

da WebBastard
Comment
EscortBiz

Fuck Checks, CASH only!

Join Date: May 2002

Posts: 19422
Share

Post
#7

02-11-2003, 09:12 PM

If someone wants you busted you will get busted regardless of how many papers you sign.

But trial wise you have more chances of winning.

Regardless always wear condoms:-)

Spanking, Medical Fetish, Sleeping, Strap-on Anal Lesbians, Girls Fucking Guys, Handjob site REAL HOT, Shemales, Anal and Ass Licking sites 100% Real EXCLUSIVE with amazing retention, ccbill payouts, lots of content FREE FTP HOSTING

Promote the largest and oldest member paid escort site, Converts 10 times better then any dating site, CCBill payouts

ICQ# 158802076
Comment
Dax

Confirmed User

Join Date: Apr 2002

Posts: 3161
Share

Post
#8

02-11-2003, 09:12 PM

Originally posted by webbastard

So maybe we could claim going with a hooker as an audition? Production expense?

Worth a try. (Some of the content I've come across looks like the line between actres and hooker (or crack whore) gets blurrier all the time.) hehe

Technically you can.. but you need to have a video cam and a release.. with you...
Comment
Brent

Confirmed User

Join Date: Sep 2002

Posts: 939
Share

Post
#9

02-11-2003, 09:14 PM

Originally posted by webbastard

So maybe we could claim going with a hooker as an audition? Production expense?

Worth a try. (Some of the content I've come across looks like the line between actres and hooker (or crack whore) gets blurrier all the time.) hehe

LOL

Skid Army
Comment
Heineken

Confirmed User

Join Date: Dec 2002

Posts: 134
Share

Post
#10

02-11-2003, 09:15 PM

Dont tell me u got busted for fuckin a prostitute, cmon!!!!!
Let's be realistic here

I wish i had a website ...
Comment
Brown Bear

Confirmed User

Join Date: May 2002

Posts: 4982
Share

Post
#11

02-11-2003, 09:17 PM

So if you walk up to a hooker on the street and say "I'll pay you $100 to fuck me", that is illegal.

BUT

If you walk up to the same hooker on the street and say "I'll pay you $100 to fuck me while I record it on video", that is legal?

Surrender all your independent thinking and Click Here for re-programming.
Comment
xxxdesign-net

My hips don't lie

Join Date: Nov 2002

Posts: 10129
Share

Post
#12

02-11-2003, 09:20 PM

Originally posted by Dax
Easy answer:

On video you are not paying the girl for the sexual act, but for the rights to the video/pictures.

Also, anything that is being recorded/videtaped/photographed can be considered of artistic value.

etc..

When you hire a prostitute.. u are hiring her for the sexual pleasure.. When you hire an escort u hire her for her 'companionship' and that is why escorts are legal and whores are not.

easy answer... re read yourself again... very fuzzy answer....

by the way... escorts are whores with better teeth and looks.... companionship....?? yeah right thats all they do....hehe

BrownBear had a good question....
The reason prostitutes are illegal is for "morality" reasons...
why is it legal to shoot a porn film.... because public opinion still have a say in the law... and for whatever reasons... a porn film seems less offensive to some women since they know their husbands wont get a blowjob from them....!
(also.... Larry Flint helped.... and it wont take long for protitution in the form of escorts to be legalise in Canada.... btw)
Comment
D-man

Confirmed User

Join Date: Aug 2001

Posts: 1291
Share

Post
#13

02-11-2003, 09:22 PM

Originally posted by stevo
Thats why i always carry a model release form...

True True - always get the hooker to sign a model release

I have been saying this for years
Comment
Dax

Confirmed User

Join Date: Apr 2002

Posts: 3161
Share

Post
#14

02-11-2003, 09:26 PM

Originally posted by xxxdesign-net

easy answer... re read yourself again... very fuzzy answer....

by the way... escorts are whores with better teeth and looks.... companionship....?? yeah right thats all they do....hehe

BrownBear had a good question....
The reason prostitutes are illegal is for "morality" reasons...
why is it legal to shoot a porn film.... because public opinion still have a say in the law... and for whatever reasons... a porn film seems less offensive to some women since they know their husbands wont get a blowjob from them....!
(also.... Larry Flint helped.... and it wont take long for protitution in the form of escorts to be legalise in Canada.... btw)

Fuzzy???

It is clear: THE REASON WHY IS LEGAL TO PAY A GIRL TO FUCK YOU ON FILM IS JUST THAT IS ON FILM! It is legal because you are not paying her to fuck u .. u are paying for the rights to the video.

No fuzz there...

And yes.. I know escorts.. fuck.. but the idea is that u pay for their companionship!
Comment
GotGauge

Confirmed User

Join Date: Nov 2001

Posts: 3072
Share

Post
#15

02-11-2003, 09:27 PM

Originally posted by Brown Bear
I've never understood why it's legal to pay a girl to fuck you on video or in pictures, but it is illegal to pay a girl to just fuck you normally (prostitution).

Any content producers care to explain this?

NO one can answer this!

It depends on local laws.
in most states it IS illegal to pay a girl to do anything sexuall
even video...
some bible belt states say
prostitution is the exchange of SEX (any form) for Money.
best answer is to contact your Local lawyer.

ICQ 22264474
[email protected]
Comment
xxxdesign-net

My hips don't lie

Join Date: Nov 2002

Posts: 10129
Share

Post
#16

02-11-2003, 09:43 PM

Originally posted by Dax

Fuzzy???

It is clear: THE REASON WHY IS LEGAL TO PAY A GIRL TO FUCK YOU ON FILM IS JUST THAT IS ON FILM! It is legal because you are not paying her to fuck u .. u are paying for the rights to the video.

Actually... the real reason why there's a difference with the law right now.... Is since its a morality issue....
Some people think that there's a diffrence between paying pros having sex... for the "inocent pleasure of the viewer/no actual sex involing you"
and your average joe, husband, dad.... go see a prostitute whenever he feel the need.... (can be seen as an easy way to cheat on your wife)....

however... this is for the morality aspect.... which dont stand a chance in court with logical unbias judges....

and like I said... you'll see prostitution decriminalized in canada pretty soon... but under strict rules.... not because of morality but because of health reasons....
Comment
Plugger

Confirmed User

Join Date: Jul 2001

Posts: 592
Share

Post
#17

02-11-2003, 10:25 PM

The difference between fucking a prostitue in private and fucking one on film, is not much, HOWEVER, when you PUBLISH that film of her getting fucked, you now bring in the 1st and 14th amendments.

It is the ACT of PUBLIHING the material that makes the difference.

Perhaps a lawyer would like to explain this to us in more detail?

For more information you might want to read through:

http://www.findlaw.com/01topics/06co...nal/cases.html

Miller V California might be especially importnant.

I amsure there is more to it, this is not a simple issue, but there is an answer . . .
Comment
xxxdesign-net

My hips don't lie

Join Date: Nov 2002

Posts: 10129
Share

Post
#18

02-11-2003, 10:30 PM

Originally posted by Plugger
The difference between fucking a prostitue in private and fucking one on film, is not much, HOWEVER, when you PUBLISH that film of her getting fucked, you now bring in the 1st and 14th amendments.

It is the ACT of PUBLIHING the material that makes the difference.

Perhaps a lawyer would like to explain this to us in more detail?

For more information you might want to read through:

http://www.findlaw.com/01topics/06co...nal/cases.html

Miller V California might be especially importnant.

I amsure there is more to it, this is not a simple issue, but there is an answer . . .

and the reason why the ACT of PUBLIHING the material is ok... is pretty much what I said above.... but then.. im not a lawyer..
Comment
Danielle

Confirmed User

Join Date: Jun 2002

Posts: 1227
Share

Post
#19

02-11-2003, 10:49 PM

Well the way our lawyer described it to us is......

If you pay 2 actors to have sex on camera, it is fine. You are the producer and not one of the actors. You are not having sex. You are not paying to have sex.

Pay an actor to have sex with you on camera, it is prostitution. Regardless of the reason you are paying the actor.

Just my 2 cents.

Hugs,
Danielle
Comment
Brown Bear

Confirmed User

Join Date: May 2002

Posts: 4982
Share

Post
#20

02-11-2003, 10:56 PM

Originally posted by Danielle
Well the way our lawyer described it to us is......

If you pay 2 actors to have sex on camera, it is fine. You are the producer and not one of the actors. You are not having sex. You are not paying to have sex.

Pay an actor to have sex with you on camera, it is prostitution. Regardless of the reason you are paying the actor.

Just my 2 cents.

Hugs,
Danielle

If that were true, then a guy like Ed Powers would have been locked up long ago. So I think there must be more to it than that.

Surrender all your independent thinking and Click Here for re-programming.
Comment
HeadPimp

Bad Mo-Fo

Join Date: Jul 2001

Posts: 2772
Share

Post
#21

02-11-2003, 10:59 PM

Originally posted by Dax

Technically you can.. but you need to have a video cam and a release.. with you...

Any decent content guy has these on hand at all times... Mine is sitting on my desk right now...
Comment
Pornkings

Confirmed User

Join Date: Oct 2002

Posts: 5334
Share

Post
#22

02-11-2003, 11:00 PM

Originally posted by webbastard

So maybe we could claim going with a hooker as an audition? Production expense?

Worth a try. (Some of the content I've come across looks like the line between actres and hooker (or crack whore) gets blurrier all the time.) hehe

Its called Market Research

Last edited by Pornkings; 02-11-2003, 11:02 PM.

Pornkings.com
Comment
KRL

Entrepreneur

Join Date: Oct 2002

Posts: 31429
Share

Post
#23

02-11-2003, 11:01 PM

The dirty little secret of the porn movie industry is revealed.

If you would like to develop your domains, you can lease inexpensive foreign labor
from the leaders in the field at iWebmasters.com TO LOWER YOUR COSTS AND INCREASE YOUR PRODUCTION!
*** *** *** *** *** *** *** *** *** *** *** ***
Domains Adult News KRL's Newsletter Biz Tips Just Listed Domains
Comment
Plugger

Confirmed User

Join Date: Jul 2001

Posts: 592
Share

Post
#24

02-11-2003, 11:02 PM

Originally posted by xxxdesign-net

and the reason why the ACT of PUBLIHING the material is ok... is pretty much what I said above.... but then.. im not a lawyer..

I am not sure I follow. The act of publishing is not "okay" because of moral issues, IMHO. In fact, many of the Justices are against pornogrphay, but because the Constitution defines ceriian rights, and the US law is based on precedent, the High Court finds its hands tied. They seem to have a hard time defining obcenity and preserving free speech; and free speech wins.

When you publish someting, you are making a statement, expressing an opinion, etc. If if that opion is unpleasant, the High Court has decided it is not the Gov't place to make that decision and supress it, for pornography the Miller test is applied.

So the real test is, is the act obscene. If so, out it goes, but if not, it is protected. When you fuck a whore, there is not expression in the public forum that would mandate any sort of protection, so you lose. If you film it and make it available in a public fourm, then that changes the whole picture, it has to be considered obscene before it loses protection.

The real issue, the legal issue, is the act of publishing. Publlished works have certian protections.

I don't write the law, or make the decisions, or even claim to have a total understanding of it, however, to the best of my knowledge, this is why adult videos are legal and fucking prositute in private is not.
Comment
FlyingIguana

aspiring banker

Join Date: Mar 2002

Posts: 10870
Share

Post
#25

02-11-2003, 11:05 PM

Originally posted by Brown Bear
I've never understood why it's legal to pay a girl to fuck you on video or in pictures, but it is illegal to pay a girl to just fuck you normally (prostitution).

Any content producers care to explain this?

if you're going to fuck a hooker, make sure you videotape it. you not only comply with the law, but you have content for next weeks galleries.
Comment
Plugger

Confirmed User

Join Date: Jul 2001

Posts: 592
Share

Post
#26

02-11-2003, 11:09 PM

Originally posted by Danielle

Pay an actor to have sex with you on camera, it is prostitution. Regardless of the reason you are paying the actor.

I guess Max Hardcore, Tom Byron, Ed Powers, Randy West, Lexington Steele, John Stagliano and countless others are in trouble? They all pay others to have sex with them on a regular baisis, and have for many years!

Not sure who your lawyer is, but you may want a second opinion.
Comment
xxxdesign-net

My hips don't lie

Join Date: Nov 2002

Posts: 10129
Share

Post
#27

02-11-2003, 11:23 PM

Originally posted by Plugger

They seem to have a hard time defining obcenity and preserving free speech; and free speech wins.

Please free speech....?? Please...

If something is illegal, its suppose to be always illegal...!

If I kill someone, making a film about it wont change nothing...

free speach is denoncing or telling other about your opinions... not DOING the illegal act...

Like I said... the difference as to do with morality!!
Comment
Danielle

Confirmed User

Join Date: Jun 2002

Posts: 1227
Share

Post
#28

02-12-2003, 01:08 AM

LOL! Love some of the answers in this thread.

BUT!!!

Who here actually has a lawyer on retainer?

What has your LAWYER said about this?

Personally, the only person I am going to listen to is the person that would be defending me if I ever got charged for something.

It really depends on the laws in the state and or area it takes place. So depending on where this happens we could all be right or wrong.

So hire an attorney and follow his or her advise. He or she will be the one to keep you out of jail.

Hugs,
Danielle
Comment
Kimmykim

bitchslapping zebras!!!!!

Join Date: Jun 2001

Posts: 16015
Share

Post
#29

02-12-2003, 01:18 AM

damn, I wasn't aware that it was expressly legal in that many places. I thought it just wasnt something that prosecutors bothered going after all that often.

Though I do believe that Chatsworth is one of the places where it is expressly legal.
Comment
Plugger

Confirmed User

Join Date: Jul 2001

Posts: 592
Share

Post
#30

02-12-2003, 01:22 AM

It has do with law, and lots of legal decisions.

For a nice introduction I suggest you read the cases at:

http://www.usscplus.com/online/subin....asp?subj=1243

Especially important in this discussion is California v. Freeman, No. A-602, Decided February 1, 1989, 488 U.S. 1311

It deals specifically with pornographic films and prostitution. As you will see, there are several other cases, not related to either, that play into the decsion.

"even if [Freeman's] conduct could somehow be found to come within the definition of "prostitution" literally, the application [488 U.S. 1313] of the pandering statute to the hiring of actors to perform in the production of a nonobscene motion picture would impinge unconstitutionally upon First Amendment values."

The Justices are very aware that simply filmimg and illegal act does not make it a legal act, O'Conner stated, "I recognize that the State has a strong interest in controlling prostitution within its jurisdiction and, at some point, it must certainly be true that otherwise illegal conduct is not made legal by being filmed."

She goes on to say:

"There is language early in the California Supreme Court's discussion section observing that:

the prosecution of [Freeman] under the pandering statute must be viewed as a somewhat transparent attempt at an "end run" around the First Amendment and the state obscenity laws. Landmark decisions of this court and the United States Supreme Court compel us to reject such an effort. "

Consitutional law is not so cut and dry, but it is clear that the High Court as decided, for now, that the importance of film as a medium for expression warrants it very siginifcant protections of free speech, enough to protect what would otherwise be considered an illegal act of prostitution under most states laws . . .

I rest my case.
Comment
Plugger

Confirmed User

Join Date: Jul 2001

Posts: 592
Share

Post
#31

02-12-2003, 01:29 AM

Originally posted by Danielle

Who here actually has a lawyer on retainer?

What has your LAWYER said about this?

I do, and I invited Larry to comment . . . however, he is usually not to keen on giving legal adivce on BBSs
Comment
AOLGuy

Confirmed User

Join Date: Oct 2002

Posts: 1261
Share

Post
#32

02-12-2003, 01:35 AM

I think you can always look at it as you are paying them to sign the release to the picture and video rights of the recording.

Seems to be the logic I have heard all along.
Comment
Mutt

Too lazy to set a custom title

Join Date: Sep 2002

Posts: 34431
Share

Post
#33

02-12-2003, 02:03 AM

this was how law enforcement tried to stomp out the burgeoning adult movie industry in California - pandering charges, pandering is 'procuring someone for the purpose of prostitution'. Thankfully the courts found that there is a difference between hiring somebody to perform sex acts for sexual gratification and hiring people to perform sex acts for purposes of creating a film/video.

I do wonder in this day of the Internet and gonzo porn whether some guy who roams the street with a video camera looking to hire a girl to take back to a motel room to have videotaped POV sex could have pandering charges brought against him successfully. I think the pandering charges could stick against some amateur porn makers.

It's not by accident that the 90% of the world's commercial porn video production takes place in the San Fernando Valley, Chatsworth in particular - not sure if Chatsworth is an incorporated city within Los Angeles or what and whether it passed a law making the production of porn legal ................but they flocked to Chatsworth because they knew they would be free from cops busting them on pandering charges.

I think pandering charges are a part of porn's past, you don't hear or see it any more, the Court was pretty clear that hiring somebody to make a movie was not prostitution so now they are back to using obscenity laws - and by the two most recent cases involving high profile porn producers, Seymore Butts and Max Hardcore, even those obscenity charges aren't sticking these days. Butts got his charge reduced to some piddly little thing and Max Hardcore got a hung jury, that case will be retried because the DA really wants a conviction against Max badly.

I moved my sites to Vacares Hosting. I've saved money, my hair is thicker, lost some weight too! Thanks Sly!
Comment
sweetcuties

Confirmed User

Join Date: Feb 2002

Posts: 5859
Share

Post
#34

02-12-2003, 05:26 AM

Originally posted by Danielle
Well the way our lawyer described it to us is......

If you pay 2 actors to have sex on camera, it is fine. You are the producer and not one of the actors. You are not having sex. You are not paying to have sex.

Pay an actor to have sex with you on camera, it is prostitution. Regardless of the reason you are paying the actor.

Just my 2 cents.

Hugs,
Danielle

Yea, my attorney said the same thing but gonzo is huge
Comment

Previous template Next

Working...