Oklahoma Porn Law?

[digitaldivas]

Is it really true that "hardcore" or penetration porn in oklahoma is illegal? So that means effectively that there are no producers, tgp's or tube sites in oklahoma. I kinda find that hard to believe...

thoughts?

[pornmasta]

For 45 bucks per month you can get an unmetred 56k dial up conection.
Cable is coming next year.

[jimmycooper]

I have a friend who lives in Tulsa and watches a shitload of porn.

[pornlaw]

If you are talking about producing porn in OK - only 2 states - California and New Hampshire have Supreme Court decisions that legalize and protect hardcore content production as a First Amendment right.

Everywhere else it is a gray area of the law. If arrested and prosecuted the decisions from the two other states can be used to show the court why prostitution laws should not apply to the production of porn, but thats not a guaranty they will follow in CA or NH footsteps.

Further, it puts your model releases in a precarious position in regards to enforcement. If hardcore content production is not legal in the state in which you produce you take a chance that if ever challenged by a model, the court may decide that the release is void ab initio...a fancy latin term for unenforceable.

And if so, he/she may sue for profits under a theory of Right to Publicity - as though the release never existed.

Its a low risk chance, but the downside could be huge. Ask Ray Guhn from Florida....

BTW - NV is a great looking site !

[digitaldivas]

Originally Posted by pornlaw

If you are talking about producing porn in OK - only 2 states - California and New Hampshire have Supreme Court decisions that legalize and protect hardcore content production as a First Amendment right.

Everywhere else it is a gray area of the law. If arrested and prosecuted the decisions from the two other states can be used to show the court why prostitution laws should not apply to the production of porn, but thats not a guaranty they will follow in CA or NH footsteps.

Further, it puts your model releases in a precarious position in regards to enforcement. If hardcore content production is not legal in the state in which you produce you take a chance that if ever challenged by a model, the court may decide that the release is void ab initio...a fancy latin term for unenforceable.

And if so, he/she may sue for profits under a theory of Right to Publicity - as though the release never existed.

Its a low risk chance, but the downside could be huge. Ask Ray Guhn from Florida....

True Micheal, but if a secondary producer was in Oklahoma, don't current 2257 laws trump state law, since it is a federal law to begin with? Another words, I don't see cops raiding houses because someone has a tube site, big cock tgp, etc... or?

[marlboroack]

It might be, Oklahoma was fucked last time i visited.

[pornlaw]

Originally Posted by digitaldivas

True Micheal, but if a secondary producer was in Oklahoma, don't current 2257 laws trump state law, since it is a federal law to begin with? Another words, I don't see cops raiding houses because someone has a tube site, big cock tgp, etc... or?

I have only heard of one secondary producer being prosecuted for running an adult site in the US.

And that was really an escort site. He was just the webmaster. He didnt even take the pics of the girls. I think he got caught up in a sting operation.

Usually no one even knows that you are running a site... its when you start producing and looking for models or having them show up at your house when people start noticing.

Most people get busted because of noisy neighbors that dont like them. Always be nice to your neighbors.

[will76]

Originally Posted by pornlaw

If you are talking about producing porn in OK - only 2 states - California and New Hampshire have Supreme Court decisions that legalize and protect hardcore content production as a First Amendment right.

Everywhere else it is a gray area of the law. If arrested and prosecuted the decisions from the two other states can be used to show the court why prostitution laws should not apply to the production of porn, but thats not a guaranty they will follow in CA or NH footsteps.

Further, it puts your model releases in a precarious position in regards to enforcement. If hardcore content production is not legal in the state in which you produce you take a chance that if ever challenged by a model, the court may decide that the release is void ab initio...a fancy latin term for unenforceable.

And if so, he/she may sue for profits under a theory of Right to Publicity - as though the release never existed.

Its a low risk chance, but the downside could be huge. Ask Ray Guhn from Florida....

BTW - NV is a great looking site !

To add to that, it's also not a "state by state" thing but depends more about the town or city you live in then the state. Here in Louisiana, in the northwestern part of the state, near Shreveport, a few years back a man was arrested for renting a Hustler's barely legal video.

" At issue during the trial was whether two videotapes - Hustler's Barely Legal, Vol. 16 and Ladies' Club - violate community standards.

" A jury of four women and two men deliberated about four hours Oct. 29 then unanimously found the owner of Fantasy Video, an adult video and novelty store guilty of selling obscene material to undercover state troopers April 17, April 23 and June 9. "

If you come down to the southeastern part of the state, near New Orleans you see worst than that in the french quarter.


Ray Guhn, if I remember right was charged with prostitution and was not paying the men *actors* but just paying women to have sex with the money. Little bit different situation.

[digitaldivas]

Originally Posted by will76

To add to that, it's also not a "state by state" thing but depends more about the town or city you live in then the state. Here in Louisiana, in the northwestern part of the state, near Shreveport, a few years back a man was arrested for renting a Hustler's barely legal video.

" At issue during the trial was whether two videotapes - Hustler's Barely Legal, Vol. 16 and Ladies' Club - violate community standards.

" A jury of four women and two men deliberated about four hours Oct. 29 then unanimously found the owner of Fantasy Video, an adult video and novelty store guilty of selling obscene material to undercover state troopers April 17, April 23 and June 9. "

If you come down to the southeastern part of the state, near New Orleans you see worst than that in the french quarter.


Ray Guhn, if I remember right was charged with prostitution and was not paying the men *actors* but just paying women to have sex with the money. Little bit different situation.

...so Will, would you have any problems operating a hardcore tgp site in La., or do the conservative local laws give you pause?

[BFT3K]

OHHHKLAahoma, where the porn comes streaming through the web!....

[pornlaw]

Originally Posted by will76

To add to that, it's also not a "state by state" thing but depends more about the town or city you live in then the state. Here in Louisiana, in the northwestern part of the state, near Shreveport, a few years back a man was arrested for renting a Hustler's barely legal video.

" At issue during the trial was whether two videotapes - Hustler's Barely Legal, Vol. 16 and Ladies' Club - violate community standards.

" A jury of four women and two men deliberated about four hours Oct. 29 then unanimously found the owner of Fantasy Video, an adult video and novelty store guilty of selling obscene material to undercover state troopers April 17, April 23 and June 9. "

If you come down to the southeastern part of the state, near New Orleans you see worst than that in the french quarter.


Ray Guhn, if I remember right was charged with prostitution and was not paying the men *actors* but just paying women to have sex with the money. Little bit different situation.

Yes when it comes to selling, producing and transporting porn, it can be a city/county issue. Hence the community standards argument.

I dont know (doesnt mean it hasnt happened) if that has been applied to a webmaster situation. If anyone has an example of a local webmaster prosecution please share it. Its impossible to stay up on every prosecution in every town especially when they do not make national news.

A couple years back a prosecutor in Virginia tried to prosecute a video store owner for selling "Behind the Green Door." Which was produced in the 70s. Quite tame by todays standards but if he would have gotten a guilty verdict it would have basically outlawed the sale of all porn in that community.

However when you say "renting" you are referring to the store and not the customer - correct ?

[will76]

Originally Posted by digitaldivas

...so Will, would you have any problems operating a hardcore tgp site in La., or do the conservative local laws give you pause?

Where I am at it is very liberal.

There is no reason to "operate" a TGP site from any location. The web site is served from where the server is located. Who is info can be privacy protected or get a mailing address in an area where porn is very friendly. It's not like you have a studio or are going around a particular area shooting porn. You are not mailing porn out of your home etc... Nothing is taking place where you live. If all you are doing is running a tgp, tube site, blog, link list etc, that can be done from anywhere in the world. I don't see how community standards can be applied where you live when there is nothing taking place there. I don't think there has ever been a case where a webmaster has been arrested for obscenity and held to a "community standard" where he lives because he ran a porn site online which conducted zero business in his community.

If you did something that would break federal law, like cp for example, then it doesn't matter where you live, if you in the US you are in trouble.

If you live in OK and want to run a TGP site just get a mail box etc account in California and use that as your mailing and who is address. Don't use a host in your town etc.

I made the mistake of having my office address as my whois for adult sites. Back in 2003 some idiot made a complaint about one of the sites to the police. It contained a girl with her top off only. Vice showed up at my office, i showed them around and we brought up the page on the computer and they didn't care about it. They said someone filed a complaint so they had to investigate and all they just wanted to see if I was shooting porn there or not. Which I wasn't. Moral of the story, don't use your address as your who is, because if anyone in your state makes a complaint the police will come knocking at your door. Now if I would have had Las Vegas as my who is address, the cops would have never investigated the complaint.

Now I did run a cam house in this area for about year and closed it down after the girls started causing too much trouble and it just stressed me out more than what it was worth. I like to stay way on the safe side when it comes to "gray" area and the cam house was a lot darker shade of gray then I felt comfortable with.

Originally Posted by pornlaw

However when you say "renting" you are referring to the store and not the customer - correct ?

store owner was renting the video out, I mentioned renting opposed to him selling videos.