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All Forums > The Porn Pool > The Porn Pool Forum Page 770 > Porn and Prostitution
AuthorPost
futureofporn
Member


658 Posts
1/03
Posted - Mar 26 2003 : 9:57PM
Im just curious if anybody knows if there is a law or something that seperates porn and prostitution. I mean, what is the difference and how is the difference defined in the law? Prostition is people getting paid to have sex and porn is people getting paid to have sex on camera. I have heard that sex in porn is hardly sex considering all the takes or whatever you have to do, and its much more safe and a number of other reasons as to why porn stars are not prostitutes...but how does the law see it and even more how do you see it? Its not that I want porn to be outlawed obviously, more like I would like to see prostitution legalized, but it does seem a little weird to make some types of sex for money legal and not others.
Wit
VCA Pictures

Chatsworth, CA USA
74 Posts
7/00
Posted - Mar 28 2003 : 1:00PM
Ah, the world's oldest question. I am not sure of the specific legal definition, but I believe it has something to do with "intent". Porn stars are paid to take part in a movie, photo shoot, etc. as models and performers. Making some kind of product is the intent behind their employment.

That, at least, is the distinction I've come to understand.

Pornmaster Mike
Senior Member

32DDD
1462 Posts
8/02
Posted - Mar 28 2003 : 1:23PM
this is taken from Porn Star: The Legend Of Ron Jeremy...

back in the day, it was illegal to make XXX films - from 1972-1988 (according to Bill Margold) - was not illegal to own, sell, buy, etc. - but to be in them it was illegal...

ron got busted twice and was awaiting a court case but Hal Freeman's case had to finish first - as it would set precedent for all future trials...

Hal won his case with a 7-0 majority - he proved that if you are paying an actress for sex, and that is illegal, then any guy who rents the tape could be a john - because they are doing it for him...

another point they proved is that drag racing is against the law - but if you videotape it, and have a cop supervise it, it's legal...

beating someone up is against the law - put some gloves on, videotape it, and its now a boxing match...

so basically - the fact that it's being videotaped/filmed gives it first amendment protection...

- Pornmaster Mike
www.adultdv-depot.com

dumblonde
Senior Member

2352 Posts
7/00
Posted - Mar 28 2003 : 5:14PM
Excerpts from Luke Ford's interview with Bruce Taylor, the man most likely to be our new porn czar -

Taylor: ....."California and New York said, "Our obscenity laws only apply to hardcore pornography." They were talking about actual sex acts, people really doing it on the set, rather than acting on the set. If somebody made a movie, an R-rated love scene, where they were sort of naked and pretending to have sex, that's acting. But in the hardcore film, nobody's acting. It's prostitution. ".............................

"And it is still the standard by which the Justice Department and most prosecutors enforce obscenity laws anywhere in this country. ... That's why we could say safely, without blaspheming or defaming anybody, that just about everything on the Internet and almost everything in the video stores and everything in the adult bookstores is still prosecutable -- illegal obscenity."

Sir Noel Plum
Senior Studmuffin

1001 Posts
2/03
Posted - Mar 28 2003 : 6:04PM
Recently a local massage parlour had its whole existence called into question locally. The owner said it was not a massage parlour inasmuch as you could not pay for sexual acts. He carried on by saying that what he did provide was models to take part in personal porn movies - in other words, you don't pay for a fuck, you pay to film the act!!!

 
futureofporn
Member

658 Posts
1/03
Posted - Mar 28 2003 : 10:15PM
So, what if i made a porno movie where I went around and had sex with prostitutes and filmed it?
DenverDon
Benevolent

Firmly Embedded in Depravity
5914 Posts
7/02
Posted - Mar 28 2003 : 10:19PM
future, it's already been done, or portrayed that way.

There are several where sex is had, then payment is made.

Sorry to take your thunder away.

DenverDon

morbidthoughts All-Star Supporter
All-Star Member

Big cats scare me but...
3627 Posts
1/03
Posted - Mar 28 2003 : 10:35PM
Oh pornmaster mike... the proper conclusion should be that since the government regulates boxing and racing events, that makes the events legal.

From what I remember about sexually-oriented-business (SOB) law, California prosecutors (ironically the most liberal) tried to charge porn companies with solicitation and prostitution but the courts threw it out with the rationale that the California legislature didn't have porn in mind when they passed those laws. Courts dont like criminal statutes to be expanded beyond their intended use.

futureofporn
Member

658 Posts
1/03
Posted - Mar 29 2003 : 12:42AM
Denver, I dont know why you would "take my thunder away" Kind of an odd remark. Obviously, cops know who prostitutes are and just because there is a video out there of them, are they really going to go out and arrest them? I mean, when they have cops pick up prostitutes as fake johns, they will video tape it and use it in a court of law, so why wouldnt a porno tape be used in a court of law as evidence? Seems like a reasonable argument.
DenverDon
Benevolent

Firmly Embedded in Depravity
5914 Posts
7/02
Posted - Mar 29 2003 : 1:28AM
future,

But the cops never make it to the bedroom.

DenverDon

morbidthoughts All-Star Supporter
All-Star Member

Big cats scare me but...
3627 Posts
1/03
Posted - Mar 29 2003 : 1:46AM
Tell that to Marion Barry.
Ishamael1
Member

New Zealand
81 Posts
12/02
Posted - Mar 29 2003 : 1:58AM
I think its probably worth mentioning, that if you want to avoid prosecution as a prostitute by videotaping the whole event and calling it porn, you would have to actually make a serious attempt at selling the product. Otherwise it is not a product, and you were not engaged in the creation of a product... meaning you were involved in prostitution and you have handed the prosecution all the evidence they need.
Sir Noel Plum
Senior Studmuffin

1001 Posts
2/03
Posted - Mar 29 2003 : 5:26AM
Ishmael,
I don't think that was quite how they were claiming it worked in the example I read about. The client received the film (supposedly) and had not paid for the sexual act but either for the model (prostitute) who starred in it or for the tape itself.



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