Legal to buy "porn" directly from someone?

Author	Post
RFrog Member 396 Posts 10/07	Posted - Nov 13 2009 : 1:56AM A legal question: Is it legal to buy amateur porn or homemade sex videos directly from someone (such as an amateur woman who likes to get naked online) ? It probably varies from state to state. In places like California, it sounds legal, but I'm not sure. SImply buying a "sex video" from someone, ya know. Does anybody know? Anybody know where I can find the answer? Thanks for any info or advice. [Link]
mharris127 Senior Member 1844 Posts 8/09	Posted - Nov 13 2009 : 2:01AM The question is not "Is it legal to buy", but the onerous regulations the seller has to follow. To sell these videos, he must have model releases and 2257 documentation for starters. The rest needs to be covered by pornlaw, but there is much, much more. Therefore, you will not be able to buy such a thing as homemade porn. Try the amateur type porn put out by several established companies (Hustler is one such company that has this type of porn -- it's Barely Legal series is an example). [Link]
ninja1 Senior Member 2939 Posts 1/08	Posted - Nov 13 2009 : 2:19AM @Rfrog: Are you asking as a seller, or as a buyer? [Link]
ADT44 Member 876 Posts 7/09	Posted - Nov 13 2009 : 7:54AM RFrog wrote: A legal question: Is it legal to buy amateur porn or homemade sex videos directly from someone (such as an amateur woman who likes to get naked online) ? Click to expand I can't imagine that a non professional adult person would have to have complete and lengthy documentations/records in the same manner as the pro's. If that woman decides to sell a sex tape of her to a neighbor or whatever, then why could that be something that would possibly be not legal? I mean we're all adults here, if people decide for themselves that they want to make a homemade pornmovie, then they have every right to do that and If they want to sell a copy to their neighbor, then that's what they can do as rightful ownern of that sextape. I would just buy it if I were the topicstarter. P.S. I think on craig's list you can find many many many home made tapes that are being sold. [Link]
BigBobxxx Senior Member 2681 Posts 5/04	Posted - Nov 13 2009 : 12:41PM Many pornchicks over the years have and do make and sell custom videos directly to consumers. I would suspect that many of them maintain the necessary 2257 information themselves, should the government ever come asking. Tell you what though, I wouldn't want to be the consumer owning such custom videos should the government come knocking on my door asking about it -- especially if the videos don't have the 2257 compliance statements included as part of the "movie." [Link]

RandomPrecision Senior Member Enjoy! 8175 Posts 3/06	Posted - Nov 13 2009 : 3:31PM BigBobxxx wrote: Tell you what though, I wouldn't want to be the consumer owning such custom videos should the government come knocking on my door asking about it -- especially if the videos don't have the 2257 compliance statements included as part of the "movie." Click to expand +1000 [Link]
Hardware All-Star Member Your other left 14595 Posts 3/02	Posted - Nov 13 2009 : 3:42PM Possession of obscene material is not a crime, nor is it the job of the consumer to enforce federal law. Ergo, unless the government could show that you were knowingly involved in a conspiracy to violate federal law you wouldn't have anything to worry about. [Link]
ninja1 Senior Member 2939 Posts 1/08	Posted - Nov 13 2009 : 3:52PM If they do a 2257 raid on me, I'm screwed. Am I supposed to keep up with all the cover arts and boxcovers (where the 2257 blurb is usually printed), like the "do not remove under penalty of law" tag on my mattress? Edited by - ninja1 on 11/13/2009 4:15:43 PM [Link]
BigBobxxx Senior Member 2681 Posts 5/04	Posted - Nov 13 2009 : 8:15PM ^ The 2257 statement is also supposed to be included on/in the movie itself. [Link]
ninja1 Senior Member 2939 Posts 1/08	Posted - Nov 13 2009 : 10:19PM I could print up some labels to stick onto the dvd's. [Link]
RFrog Member 396 Posts 10/07	Posted - Nov 13 2009 : 11:53PM ninja1 wrote: @Rfrog: Are you asking as a seller, or as a buyer? Click to expand I'm asking as a buyer. [Link]
RFrog Member 396 Posts 10/07	Posted - Nov 14 2009 : 12:03AM ADT44 wrote: ...If that woman decides to sell a sex tape of her to a neighbor or whatever, then why could that be something that would possibly be not legal? I mean we're all adults here, if people decide for themselves that they want to make a homemade pornmovie, then they have every right to do that... Click to expand Well, this is a "free" country, but not completely free. I mean, prostitution is not legal in just about every state, right? Regardless if the participants are "consenting" adults. Porn in print or video falls under "media" and is thus protected under freedom of expression, I believe. [Link]
mharris127 Senior Member 1844 Posts 8/09	Posted - Nov 14 2009 : 12:58AM ADT44 wrote: RFrog wrote: A legal question: Is it legal to buy amateur porn or homemade sex videos directly from someone (such as an amateur woman who likes to get naked online) ? Click to expand I can't imagine that a non professional adult person would have to have complete and lengthy documentations/records in the same manner as the pro's. If that woman decides to sell a sex tape of her to a neighbor or whatever, then why could that be something that would possibly be not legal? I mean we're all adults here, if people decide for themselves that they want to make a homemade pornmovie, then they have every right to do that and If they want to sell a copy to their neighbor, then that's what they can do as rightful ownern of that sextape. I would just buy it if I were the topicstarter. P.S. I think on craig's list you can find many many many home made tapes that are being sold. Click to expand The OP was asking to buy videos made by his neighbor, brother, etc., not a Vivid produced movie from that person. This neighbor would have to keep 2257 records on anything he produces himself. It is legal in most municipalities to buy a copy of, say, Debbie Does Dallas from someone. Now the one caveat: if you are buying Traci Lords videos that isn't true because she was underage when she made most of her videos. I don't recommend buying homemade videos through Craig's List because there isn't any manner of verifying that the participants are at least the age of consent (in most states 18). Federal law requires that a participant in porn be at least 18 as well. If you get caught with underage porn, you will likely do life in federal prison, and if you happen to be released from there you will do time in the state prison as well. [Link]
mindee Member If you don't break the rules, you'll never have any fun! 717 Posts 10/06	Posted - Nov 14 2009 : 11:13AM I seem to remember a story from several years ago where some couple in Virgina (I think) were doing some sort of amateur video by request sort of thing, and they wound up getting busted for it. [Link]
ninja1 Senior Member 2939 Posts 1/08	Posted - Nov 14 2009 : 1:32PM mharris127 wrote: The OP was asking to buy videos made by his neighbor, brother, etc., not a Vivid produced movie from that person. This neighbor would have to keep 2257 records on anything he produces himself. It is legal in most municipalities to buy a copy of, say, Debbie Does Dallas from someone. Now the one caveat: if you are buying Traci Lords videos that isn't true because she was underage when she made most of her videos. I don't recommend buying homemade videos through Craig's List because there isn't any manner of verifying that the participants are at least the age of consent (in most states 18). Federal law requires that a participant in porn be at least 18 as well. If you get caught with underage porn, you will likely do life in federal prison, and if you happen to be released from there you will do time in the state prison as well. Click to expand So "lack of 2257" is automatically "kiddie porn", in the eyes of the law? And if OP gets caught possessing non-2257 porn of his 40 y.o. neighbor couple, does OP go to prison, or do the neighbors go to prison, or do they all go to prison? [Link]

RandomPrecision Senior Member Enjoy! 8175 Posts 3/06	Posted - Nov 14 2009 : 2:55PM ^ I have no idea but I would say that if anyone came asking and the age of the performer is in any way questionable, you would be in for a very unpleasant ride. Especially if you didn't know who the performer was. You're just better off sticking with porn where you know somebody checked the performer's ID. That's not a professional legal opinion. I think it's just good common sense. Edited by - randomprecision on 11/14/2009 2:56:55 PM [Link]
LubeNLuv Senior Member 1854 Posts 3/06	Posted - Nov 14 2009 : 5:50PM I would be seriously surprised to learn that if you were in possession of sex pics/videos sent to you by your wife/girlfriend that you would automatically be hit up with a 2257 violation. If that was the case then Ms. Prejean's ex-boyfriend is likely facing charges right now. The problem is that this has never been tried in a court case yet to my knowledge. In the recent federal en banc hearings on 2257, the argument about a married couple making a private video for their own use, or someone making a private set of pics and then giving them to someone else (not exactly exchanging in commerce) was likely protected. And, further, there have been no reported prosecutions of this. Read section 7 of this document for some useful info. But if I were in your shoes, and you really want this porn, I'd find some way to give the money to the person who is producing it in a manner that can't be construed as purchasing sex pics/videos from them. This is the traditional "sugar daddy/sugar baby" exchange. While it can be construed as prostitution (sex in exchange for giving them money/gifts) it doesn't usually count. You could always give them money, and they can always give you sexy vids/pics as a gesture of exhibitionism or favoritism towards you. But unless you overtly buy the media from them, I'm not sure you can call that commerce. 2257 CAN be applied against you if the government wants to, but the courts have already discussed this and it appears the charges wouldn't stick...as long as you are both of age. While I admit I'm worried about the broad reach of 2257, I also don't believe in living in fear of what my government MIGHT do. I MIGHT just lead a revolution against them as well. The only way a population can be cowed into giving up their rights is to let a broad legislation go by unchallenged. Edited by - lubenluv on 11/14/2009 6:22:24 PM [Link]
realtip Deactivated User 2301 Posts 6/04	Posted - Nov 14 2009 : 7:08PM If I wanted to buy the tape, then I would just go ahead and buy it. It's not that complicated. Geez! Pretty soon, it's going to get to the point when you can't even cross the street without having to ask if you're going to go to jail. [Link]
Harri Patel Senior Member #SDNY he's all yours. -- Michael Steele 5110 Posts 3/03	Posted - Nov 14 2009 : 8:31PM This thread = [Link]
HeyNow Oblivious Gold Star Hey! 5965 Posts 1/03	Posted - Nov 14 2009 : 9:39PM ^ [Link]
fu_q All-Star Member Marv Montag (@PornOfYore) 2506 Posts 2/09	Posted - Nov 14 2009 : 11:33PM ^^Amen... [Link]
fu_q All-Star Member Marv Montag (@PornOfYore) 2506 Posts 2/09	Posted - Nov 14 2009 : 11:34PM realtip wrote: Geez! Pretty soon, it's going to get to the point when you can't even cross the street without having to ask if you're going to go to jail. Click to expand There are those who seem to want it that way, too... [Link]
pornlaw Member 578 Posts 10/05	Posted - Nov 15 2009 : 12:13PM To answer RFrog's question.... Yes, it is legal to buy from an independent producer. However, if that producer is selling vids/pictures that fall under "lacivious exhibition of the genitals" that producer would be required to maintained 2257 records and would have to label the vids/pics properly. You as the buyer would only have the rights to view the vids/pictures. Buyers do not have to keep records. Many performers, make private videos for fans. The fans have no rights in the video/pictures other than to own it for his/her private enjoyment. The performer/producer does have to include the necessary compliance statement and keep the necessary docs though. If you guys want more info on 18 USC 2257 and 28 CFR 75 follow this link. www.2257Safe.com Michael www.AdultBizLaw.com Edited by - pornlaw on 11/15/2009 12:14:37 PM [Link]
RFrog Member 396 Posts 10/07	Posted - Nov 24 2009 : 9:14PM Thank you, PornLaw (Michael). And thank you all for participating and providing thoughts and insight. [Link]