The obvious question that producers of adult content have is whether they can be prosecuted under state prostitution laws for paying their performers.

Ironically, most state prosecutors have been careful not to bring such prosecutions.  The general sense is that though they might win, the opposite might happen as well.

If they lose, and a court declares that filming adult content is not prostitution, the effect of that ruling could conceivably make their state a magnet for filming pornographic content.  In fact, this actually has happened.  California apparently had such a prosecution, lost and promptly became one of the centers for the adult film industry.

Accordingly, while no one can provide a blanket guarantee that filming content will not run a foul of obscenity or prostitution laws, it would be unusual for those laws to be used in this context.  Having said that, there are other laws, such as zoning restrictions that would be more likely to come into play if legal problems were to arise.  So the issue may be less about the state in which one is filming adult content than where in that state you are filming that content. 


© 2011 Nissenbaum Law Group, LLC