How Do Pornographers Avoid Prostitution Laws?

[Blase]

From the level of knowldege that is evident here, I'm sure that someone will be able to provide an informative answer.

I'm wondering in particular about people like Ed Powers, whose one-on-one, "interview style" tapes made him an iconic industry figure. Essentially, he paid dozens of girls to have sex with him, yet he was not subject to the penalties that could easily be incurred by a guy cruising the street in his Cadillac, looking to do the same thing.

Is it the fact that his encounters were filmed for publication that made the difference?

 

[voluptuary_manque]

From the level of knowldege that is evident here, I'm sure that someone will be able to provide an informative answer.

I'm wondering in particular about people like Ed Powers, whose one-on-one, "interview style" tapes made him an iconic industry figure. Essentially, he paid dozens of girls to have sex with him, yet he was not subject to the penalties that could easily be incurred by a guy cruising the street in his Cadillac, looking to do the same thing.

Is it the fact that his encounters were filmed for publication that made the difference?

I think the vice cops are inhibited by the First Amendment whenever the object of their investigation publishes or produces film. Contrary, ain't it?

 

[Blase]

Nice to see that at least one of our country's checks and balances still works.

 

[Pure]

first of all, many "prostitution" laws are against prostitutes only. the one BEING PAID., i.e. OFFERING services

even where the law theoretically includes the payER (receiver of services), it may not generally be enforced.

here in our area, the payER is arrested occasionally, but only under these conditions:

1) he solicits or accepts solicitation on the streets, i.e. in public. usually such 'acceptance' is proven because a femal undercover cop makes a seeming offer, "want to party?" and he says, "how about a fuck?" and she says, "how much will you pay", and he says, "one hundred bucks." She then says, "you're busted."

2) he is a 'found in' at a bawdy house. IOW, a 'bawdy house' is raided, a place where one or more hos do their business, a brothel.
the man is "found" there.

you can see that a fellow having women to his workplace or home, and paying them, is acting OUT OF public space. WHO is going to complain? note that if the woman complained, and had taken the money, she's committed a crime as well!


with a little care, he would even be hard to entrap by the cops, as per above.

they could send a female to pose, but if he insisted on intercourse before payment, a female cop would NOT likely do it, in normal circumstances. indeed, merely a request to 'strip down', i.e. show the goods, would not be honored by a female undercover cop, in normal circumstances.

 

[emap]

Vol had it right, because it is filmed they are not giving him sex for money, they are taking money to perform an artistic act.

In theory you can find a woman or man to have sex with you and audio record it under the same artistic protection. I'm not sure if it would or not but audio falls under artistic, how rap artists and so forth get away with their music. Their antics on stage at concerts on the other hand is not protected, certain states will arrest a performer for flashing, bare butt outfits are illegal in some counties I think. Though a porn movie is still protected in those same counties, so long as you don't do one of those public sex ones.

Granted a porn star and a prositute are both getting money to perform sex acts, porn is protected though because it can be deemed artistic, as long as it does not do a few things, snuff, bestiality, pedophilia, necrophilia, and I think one more but I can't think of it.

 

[kromen]

I dont think prostitutes sign model releases. And the movie industry helps sheild pornographers from prosecution ever since "Deep Throat" went on trial in the seventies. The porno industry is like Hollywoods stepchild, but the last bastion between them and law.

 

[impressive]

Vol had it right, because it is filmed they are not giving him sex for money, they are taking money to perform an artistic act.

In theory you can find a woman or man to have sex with you and audio record it under the same artistic protection. I'm not sure if it would or not but audio falls under artistic, how rap artists and so forth get away with their music. Their antics on stage at concerts on the other hand is not protected, certain states will arrest a performer for flashing, bare butt outfits are illegal in some counties I think. Though a porn movie is still protected in those same counties, so long as you don't do one of those public sex ones.

Granted a porn star and a prositute are both getting money to perform sex acts, porn is protected though because it can be deemed artistic, as long as it does not do a few things, snuff, bestiality, pedophilia, necrophilia, and I think one more but I can't think of it.

Hrm. What about performance art, then? I mean, it's live -- not captured on film, etc. *ponders loopholes*

 

[gauchecritic]

Didn't we discuss this before?

As far as I'm aware being paid or paying for sex is not illegal.

What is illegal is living of 'immoral earnings' (pimping), and solicitation for immoral purposes. (asking or offering payment to fulfil a contract)

Taking part in an interview or performing on stage isn't simply having paid sex, which is what prostitution is.

 

[Zoots_owner]

I pretty positive that it varies some by jurisdiction, e.g., I believe there's a legal reason why 98% of North America's porn is made in California, and it's not just that we Californians are pervs. Try the same thing in Utah and you might end up as a registered sex offender.

In short, I would not rely on a bunch of laypersons from various parts of the world to give legal advice that will be valid where you live.

 

[only_more_so]

Actually, I read an article about a guy who actually did get arrested for prostitution, or some such. Anyway, he was prosecuted because he paid women to have sex with him, rather than paying them to have sex with someone else.