Amatuer pornography.. not penthouse..

[Sensia]

I always wondered what would be required to start up your own little pornography business. Maybe Amatuer style, something that had some pretty funny stuff in it that would have a niche unlike any others. I know there is a ton of amatuer porn out there.. but wonder what the start up cost would be, what the legal matters would be, and so on.

[Guest030915]

Judging by what's out there these days it looks like all you need is a camcorder, a light and a couple of willing participants.

But, in all seriousness you'll have to think about the cost for a high end video camera, proper lighting, payroll for the actors/cameraman, sound guy, etc. Plus, the cost of getting the HIV tests run, age checks (to avoid minors lying about their age) and even background checks. You don't want an axe murderer showing up on set.

[Sensia]

Originally Posted by IceCreamMan

Judging by what's out there these days it looks like all you need is a camcorder, a light and a couple of willing participants.

But, in all seriousness you'll have to think about the cost for a high end video camera, proper lighting, payroll for the actors/cameraman, sound guy, etc. Plus, the cost of getting the HIV tests run, age checks (to avoid minors lying about their age) and even background checks. You don't want an axe murderer showing up on set.

I am wondering what kind of contracts and forms would be needed. And interested in what the specific Texas laws are. On top of that is it illegal to recruit for actors and actresses in Texas for making a porn movie?

[tikkler33]

I always wondered how porn actors/producers got around prostitution laws? If prostitution is defined (shorthand version) of paying someone to have sex, it seems like porn actors are guilty of prostitution.
I don't know why the cops don't go after porn people like they do other prostitution busts?
Seems like it would be some easy busts, and the cops always like easy busts so they can get back to their donut shops.

[Sensia]

Originally Posted by tikkler33

I always wondered how porn actors/producers got around prostitution laws? If prostitution is defined (shorthand version) of paying someone to have sex, it seems like porn actors are guilty of prostitution.
I don't know why the cops don't go after porn people like they do other prostitution busts?
Seems like it would be some easy busts, and the cops always like easy busts so they can get back to their donut shops.

Well I was googling and found this.. in answer to your question

http://www.firstamendmentcenter.org/...ic=pornography

http://www.enotes.com/everyday-law-e...ia/pornography

and

http://www.nap.edu/netsafekids/pp_li_pfa.html

[tikkler33]

I don't think any of those really address my question, though. Those links address pornography as an expression which is protected by the First Amendment.
What I am asking is different.
Even if you have a right to produce a movie depicting sex acts, I could see cops saying that you don't have right to pay people to have sex because that constitutes prostitution. In my scenario I'm not asking about the right to distribute sexually explicit materials, but about the right to pay people to have sex, which I could see a clever prosecutor using as a different attack on pornography.

[Sensia]

Originally Posted by tikkler33

I don't think any of those really address my question, though. Those links address pornography as an expression which is protected by the First Amendment.
What I am asking is different.
Even if you have a right to produce a movie depicting sex acts, I could see cops saying that you don't have right to pay people to have sex because that constitutes prostitution. In my scenario I'm not asking about the right to distribute sexually explicit materials, but about the right to pay people to have sex, which I could see a clever prosecutor using as a different attack on pornography.

Your not paying them money to have sex, your paying the actors to have sex with each other filmed on camera. Not the same thing. If one actor pays the other actor money to have sex, then that constitutes prostitution. But if you are simply paying them to be filmed while having sex that is different. At least that is my understanding of pornography and why it is not considered prostitution and there is so much of it out there that consumers buy legally. Hope I am making sense here.. lol

But I do see your point, and it is all samantics I think in the end. The pornography industry has been down the legal road many a time, and because it is such big business, they have the money to fight their right to film actors having sex, and then sell the video.

Here ok found a better website legal explanation I think from CNN http://articles.cnn.com/2005-08-12/j...aphy?_s=PM:LAW

[tikkler33]

OK, I googled this and this is what I found from the Texas Penal Code:

§ 43.02. PROSTITUTION. (a) A person commits an offense
if he knowingly:
(1) offers to engage, agrees to engage, or engages in
sexual conduct for a fee; or
(2) solicits another in a public place to engage with
him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1)
whether the actor is to receive or pay a fee. An offense is
established under Subsection (a)(2) whether the actor solicits a
person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor,
unless the actor has previously been convicted one or two times of
an offense under this section, in which event it is a Class A
misdemeanor. If the actor has previously been convicted three or
more times of an offense under this section, the offense is a state
jail felony.
****************************** ************************
So according to the above law, if I am a producer and I agree to pay two actors to "engage in sexual conduct for a fee" that is prostitution.
It doesn't look like the one paying the money has to be engaged in the sexual act.

[futile]

Originally Posted by Guilty Pleasures

Your not paying them money to have sex, your paying the actors to have sex with each other filmed on camera. Not the same thing. If one actor pays the other actor money to have sex, then that constitutes prostitution.

So is it legal for me to pay two of you ladies to come over my place, have some girl on girl action, and I just watch from the sideline.

It would be great if it is legal.

[Killersalt]

This is my understanding of it, it's illegal in Texas, if it's made for sale or distribution. Nothing illegal about a couple making a video. When it's made to be sold or distributed, it's illegal.

Think about it, all the strippers, providers, and sex going on in Houston & Dallas and not one porn studio here. All porn is made in California and Florida in areas where is is highly regulated and legalized.

[ICU 812]

Well Guilty P. you raise an interesting question: If two people agree to play BCD and one party pays the other it is illegal in the USA. However: If one partyu is producing a video and pays people to perform sex acts in front of a camerac . . .it is pornography and is legitimate!

Why not open a "studio" to produce videos. You can have a "Talent Pool" to draw on. A hobbyist decides he wants to star in a porn video and contacts you to make the arangements. He chooses a co-star from your pool of Talent and provides the funding for his project. You, The "Studio" pay the co-star as your contract employee,and give him (the customer-producer) a DVD (or not as he chooses).

Why won't this or something like it pass for a legal transaction?

[Sensia]

Originally Posted by tikkler33

OK, I googled this and this is what I found from the Texas Penal Code:

§ 43.02. PROSTITUTION. (a) A person commits an offense
if he knowingly:
(1) offers to engage, agrees to engage, or engages in
sexual conduct for a fee; or
(2) solicits another in a public place to engage with
him in sexual conduct for hire.
(b) An offense is established under Subsection (a)(1)
whether the actor is to receive or pay a fee. An offense is
established under Subsection (a)(2) whether the actor solicits a
person to hire him or offers to hire the person solicited.
(c) An offense under this section is a Class B misdemeanor,
unless the actor has previously been convicted one or two times of
an offense under this section, in which event it is a Class A
misdemeanor. If the actor has previously been convicted three or
more times of an offense under this section, the offense is a state
jail felony.
****************************** ************************
So according to the above law, if I am a producer and I agree to pay two actors to "engage in sexual conduct for a fee" that is prostitution.
It doesn't look like the one paying the money has to be engaged in the sexual act.

LOL, you copy cat! I am the official googler! j/k

Originally Posted by Killersalt

This is my understanding of it, it's illegal in Texas, if it's made for sale or distribution. Nothing illegal about a couple making a video. When it's made to be sold or distributed, it's illegal.

Think about it, all the strippers, providers, and sex going on in Houston & Dallas and not one porn studio here. All porn is made in California and Florida in areas where is is highly regulated and legalized.

I did not know that! How is it that people can create porn movies here in Texas and place it on a website, and get paid by whomever wants to view such videos? Surely it's not all just in California and Florida is it?

Originally Posted by ICU 812

Well Guilty P. you raise an interesting question: If two people agree to play BCD and one party pays the other it is illegal in the USA. However: If one partyu is producing a video and pays people to perform sex acts in front of a camerac . . .it is pornography and is legitimate!

Why not open a "studio" to produce videos. You can have a "Talent Pool" to draw on. A hobbyist decides he wants to star in a porn video and contacts you to make the arangements. He chooses a co-star from your pool of Talent and provides the funding for his project. You, The "Studio" pay the co-star as your contract employee,and give him (the customer-producer) a DVD (or not as he chooses).

Why won't this or something like it pass for a legal transaction?

I don't know the answers but I am really interested in finding out more information. I think in all seriousness if I or anyone wanted to do such a thing, an attorney would need to be hired to consult.

OMG, just googled..lol and found She hates Texas cause of the butt secks laws..lmao
http://www.youtube.com/watch?v=TN8JOfcUOkg

[Killersalt]

I could be wrong, but I think the illegality of producing porn in Texas and most states is more about violations of obscenity laws, not prostitution laws.

It's more about the obscenity laws related to producing porn for distribution and sale. I know it's a complete contradiction of reality when there are 100 porn shops on i45.

I saw a girl for a while who was in the porn business and we talked about it a lot in detail. She only could do shoots in certain areas in California, (the valley) and south Florida, and permits were required for every shoot.

There is lots of porn shot in these locations where they pretend to be somewhere else.

Take what I say with a grain of salt though, because I am far from an expert.

[Sensia]

Originally Posted by Killersalt

I could be wrong, but I think the illegality of producing porn in Texas and most states is more about violations of obscenity laws, not prostitution laws.

It's more about the obscenity laws related to producing porn for distribution and sale. I know it's a complete contradiction of reality when there are 100 porn shops on i45.

I saw a girl for a while who was in the porn business and we talked about it a lot in detail. She only could do shoots in certain areas in California, (the valley) and south Florida, and permits were required for every shoot.

There is lots of porn shot in these locations where they pretend to be somewhere else.

Take what I say with a grain of salt though, because I am far from an expert.

Yea, I was reading this information and I think you are right. It varies from State to State as to how it is tested and enforced.

From wikipedia
United States

Main article: Pornography in the United States
In the United States, pornography is a large industry that involves major entertainment companies such as Time Warner, which profits from pornography through its cable channels and in-room movies in hotels. Pornography distribution changed radically during the 1980s, with VHS and cable television largely displacing X-rated theaters. VHS distribution, in turn, is in the process of being replaced by DVD and Internet distribution for niche markets.
Pornography generates billions of dollars in sales in the United States alone, and economists have suggested that it has now reached the point where the outlawing of the industry, which has been tried on occasion, could have a major negative economic impact. An outright ban, it is feared, might spark a rise in organized crime similar to that during Prohibition.[citation needed]
An estimated 211 new pornographic films are made every week in the United States.[2]
[edit] Restriction

Publication of hardcore material is only illegal at the federal (national) level if it meets the Miller test of obscenity, which is rare. Bestiality, simulated rape, urination and defecation are deemed "obscene", and pornography depicting such acts is not legal or available legally in the United States, however such publications are widely available in the United States on the internet. Pornographic materials may not be made available to minors. Some attempts at restricting pornography on the Internet have been made, but most have been struck down by the courts.
Prosecution for and tolerance of pornography distribution varies widely from state to state and city to city.
Technically pornography that meets the Miller test is not per se illegal. Rather, if pornography meets the Miller Test, which is a judicially created test for obscenity, it is not afforded protection under the 1st Amendment. As result of no 1st Amendment protection, states are free to regulate pornography that is deemed obscene under the Miller Test.

[boardman]

Shouldn't this be in the Sandbox?