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A Question of Legality Post your legal questions here (general, nothing of a personal nature)

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Old 08-09-2012, 08:26 PM   #1
Hot to Trot Daphne
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Default A Question to Shysterjon about Porn and Texas

I know most porn is produced and distributed in San Fernando Valley. Is it illegal to produce and distribute here in Texas, just produce or what. I tried to do an online search and I came up all kinds of confused. I value your words so I figured I'd come and ask shyster. Thanks in advance.
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Old 08-10-2012, 10:21 AM   #2
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It's illegal to produce pornography in Texas, but not illegal to distribute it.

I know I wrote on this issue before. I'll try to find the link. But first I have work to do today keeping various degenerates and psychopaths on the street.
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Old 08-11-2012, 09:40 AM   #3
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thanks sweetheart. I appreciate you taking the time!
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Old 08-25-2012, 03:20 PM   #4
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I would be most interested in reading that link as well. I find it odd that prostitution is illegal in 49 states except if you're making a movie. I know, I know, you're going to cite First Amendment protection. So, can I get off the hook if I said I was going to write about it in a book? Or maybe I was doing freelance reporting to sell to a major news outlet.

Think I am joking? In Florida, a TV station went into a "pill mill" and fraudulently acquired oxycontin for their segment. That's breaking tons of laws - too many to mention. They said they gave the medicine to LE at the end of the segment. So, basically LE didn't pursue them because they wanted that kind of press coverage of the "crisis."
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Old 08-25-2012, 07:23 PM   #5
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The standard disclaimer was you're not paying them for sex, you're paying them so you can film them having sex. Something in California law with all the mainstream movie making there made this an out. Always wondered how this worked with Ed Powers and the other one man shows.
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Old 08-26-2012, 02:03 AM   #6
MartenWarner
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Quote:
Originally Posted by LittleTex View Post
The standard disclaimer was you're not paying them for sex, you're paying them so you can film them having sex. Something in California law with all the mainstream movie making there made this an out. Always wondered how this worked with Ed Powers and the other one man shows.
I could see how that would be true IF they didn't have a director or any guidance on what acts to perform and how to perform them, in other words you are just filming what they would naturally be doing. Once you are telling them what to do and when to do it you're paying for sex.

Now that I think about it, I don't think this defense would work, "I wasn't paying her to suck me, I was paying to watch her suck me."
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Old 08-28-2012, 12:59 PM   #7
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It was California v. Freeman, where Harold Freeman was convicted of pandering by making an adult movie. The California Supreme Court overturned the conviction and the USSC refused to hear the case.

From Wikipedia

"the California pandering statute was not intended to cover the hiring of actors who would be engaging in sexually explicit but non-obscene performances. Freeman could only have been lawfully convicted of pandering if he had paid the actors for the purpose of sexually gratifying himself or the actors. The court relied upon the language of the statute for this interpretation, as well as the need to avoid a conflict with the First Amendment right to free speech."

Freeman has since been sited in New Hampshire and so you're free to let your cameras roll there too.
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Old 09-18-2012, 07:55 PM   #8
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I do not like referring to Wikipedia for sound legal reasoning.

http://www.eccie.net/showthread.php?...rn#post1481951
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Old 09-18-2012, 08:29 PM   #9
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Quote:
Originally Posted by Luxury Daphne View Post
I do not like referring to Wikipedia for sound legal reasoning.

http://www.eccie.net/showthread.php?...rn#post1481951

Don't blame you. Freeman is a California case. It's not US Supreme Court precedent.

http://supreme.justia.com/cases/federal/us/488/1311/
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Old 09-19-2012, 02:05 PM   #10
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Ok, here's a link to the Loyola Entertainment Law Review

http://digitalcommons.lmu.edu/cgi/vi...0rept%20598%22

And yes, this only applies in California.
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Old 10-03-2012, 03:53 AM   #11
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Very interesting reading.
Thanks, guys.
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Old 10-03-2012, 07:19 AM   #12
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Quote:
Originally Posted by Luxury Daphne View Post
I know most porn is produced and distributed in San Fernando Valley. Is it illegal to produce and distribute here in Texas, just produce or what. I tried to do an online search and I came up all kinds of confused. I value your words so I figured I'd come and ask shyster. Thanks in advance.
On another site I am on I have on my friends list Ernest Greene and his wife Nina Hartley - yes the same lady who is a porn legend.

they have said the only 2 states that porn is legal to make is California and New Hampshire. but it can be distro'ed in all the rest
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