Payment by third party

[coolbreeze0003]

Just wondering....what is the legality of sex for money if a third party is paying? Isn't that how the porn industry works? So, if A & B are friends, and C is the provider, could A pay for B to have sex with C, and then B could pay for A to have sex with C?

[SlowHand49]

Although I think it's a wonderfully fine idea to give a friend the gift of a good f*cking, I suspect that, if caught, the legal types wouldn't view it much differently, since money is exchanged . . . they'd probably just figure they have an additional person to hit with charges . . . and might even trump up some additional ones . . .

Was there a particular scenario you were thinking of?

[sky_wire]

Under Texas law, and probably most other states, everyone goes to jail....

　
Tex. Penal Code § 7.01 (2010)

§ 7.01. Parties to Offenses


(a) A person is criminally responsible as a party to an offense if the offense is committed by his own conduct, by the conduct of another for which he is criminally responsible, or by both.

(b) Each party to an offense may be charged with commission of the offense.

(c) All traditional distinctions between accomplices and principals are abolished by this section, and each party to an offense may be charged and convicted without alleging that he acted as a principal or accomplice.

　
　
　
Tex. Penal Code § 7.02 (2010)

§ 7.02. Criminal Responsibility for Conduct of Another


(a) A person is criminally responsible for an offense committed by the conduct of another if:

(1) acting with the kind of culpability required for the offense, he causes or aids an innocent or nonresponsible person to engage in conduct prohibited by the definition of the offense;

(2) acting with intent to promote or assist the commission of the offense, he solicits, encourages, directs, aids, or attempts to aid the other person to commit the offense; or

(3) having a legal duty to prevent commission of the offense and acting with intent to promote or assist its commission, he fails to make a reasonable effort to prevent commission of the offense.

(b) If, in the attempt to carry out a conspiracy to commit one felony, another felony is committed by one of the conspirators, all conspirators are guilty of the felony actually committed, though having no intent to commit it, if the offense was committed in furtherance of the unlawful purpose and was one that should have been anticipated as a result of the carrying out of the conspiracy.

[coolbreeze0003]

How then does the porn industry get by without being arrested?

[trekker]

Maybe because the actual goods being purchased are not the sex acts themselves but the rights to use the "actors' " images. There will be a contract or release stating the terms of use and probably the fees, too. There will also be a 2257 compliance form and copies of ID. Kind of odd that there is a way to have sex for pay without committing prostitution if both parties are willing to appear in photos or video and produce and file the documents. Again, you're paying for the rights to use the pictures, not for the sex.

If neither party is worried about social consequences, the proper documents can prevent legal consequences.