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All Forums > The Porn Pool > The Porn Pool Forum Page 460 > what's the deal with fisting
AuthorPost
machoman RS
Member


Are there Slim Jims in heaven? THERE MOST CERTAINLY ARE!!!!
114 Posts
12/07
Posted - Apr 14 2008 : 1:14PM
It's illegal right? I've seen a lot of gonzo where the director warns the performer to "keep the thumb out". As a retailer, whenever we get a bulk shipment of cheap movies in, sometimes we get weird german ones that blatantly advertise and contain fisting. We cannot, by law, put these on the shelves. The thing that gets me is, we sell the director's cut of Upload. How can such a huge production with fisting slip through the cracks and make it on US retail shelves. I had a conversation with a gay customer the other day, and somehow the discussion went from the housing market to fisting (you know how those porn shop conversations go). When I said it was illegal, he thought that I was full of it, and said that fisting is extremely common in gay porn? I just don't understand the reasoning behind it being so taboo. Denni O' and The Amazing Ty can shove dildos shaped like an arm with a fist, but they can't put a real one in there? You can put sixteen fingers in a girl, but once a thumb goes in it's all of a sudden wrong? I just don't understand it.
Blink
Deactivated User

78 Posts
2/08
Posted - Apr 14 2008 : 4:42PM
SeX Z Pictures
Tommy Molina

73 Posts
11/07
Posted - Apr 14 2008 : 4:48PM
I know this has been talked about kind of in a another forum. But let me touch on one thing. Fisting is NOT illegal. Believe me if it was we would never put it in our movies. Local obscenity laws can basically find anything that they see in a movie obscene and charge you for it. For example, your state could walk in and say "Blowjobs are obscene and we are going to fine you for it". But as far as fisting goes there are absolutely no federal laws which prohibit it. There are some places that have laws about it. But most are local and state laws. Very few counties and states have such things. But they do exist. Hell in VA it is illegal in some places to have toys and adult movies in the same place.
But as you can see the obscenity part is very broad (ie: what is going on with Evil Empire right now) If this government put as much effort into our economy as they did trying to prosecute the porn producers. We would be completely out of problems here.
machoman RS
Member

Are there Slim Jims in heaven? THERE MOST CERTAINLY ARE!!!!
114 Posts
12/07
Posted - Apr 14 2008 : 5:09PM
So it isn't illegal, but risky? My bosses are pretty dumb and the clerks can destroy them in porn knowledge. The whole "illegal" thing came from them. The films that I've seen the whole, "keep the thumb out!" have all been chico wang/ anabolic/diabolic. Would this just be a standard for them particularly? I'm totally down with Upload and Corruption, but could really care less about the fisting. I just don't like talking out of my asshole, and wanted to make sure something was true before I said it. It's weird that the company I work for will shy away from fisting, but stock MaxHardcore, Gag Factor, Exreme Associates; if it's vile, we have it. It took almost a year of the clerks pleading with the bosses to stock Corruption/Upload. And when they finally did, Everyone of them sold, or immediately
covered the cost through rental revenue. We'll stock SlapHappy Delux, but not an excellent award winning monster of a porn opus such as the before-mentioned movies. Why? Because of a Goddamn fisting scene?
customer20983
Member

77 Posts
2/08
Posted - Apr 14 2008 : 5:37PM
You are technically correct that at the FEDERAL level there is NO specific ordinance or obscenity determination to date that says SPECIFICALLY "the act of fisting is determined to meet the qualification of being obscene"
HOWEVER, it IS specifically illegal at several STATE level laws whereby such content that shows such material is illegal to that state.
And as the Miller Obscenity test DOES SPECIFICALLY defer to STATE level decisions in the SECOND portion
"(b) whether the work depicts or describes, in a patently offensive way, sexual conduct specifically defined by APPLICABLE STATE laws;"
it IS therefore illegal to those LOCALE jurisdictions.
You're mixing and matching the two as you make your case. Yes there is no specific federal law on the matter determining that fisting is prohibited to be included in adult films at this time. But again because the federal law defers to the states' locale laws if the locale states have put said act on THEIR LOCALE books it is effectively the same thing if your product goes across the state line into their locale state hence the federal charges of "18 §1462. Importation or transportation of obscene matters" which IS a federal crime BUT is determined by the locale state laws for meeting the qualification of being obscene.
So yes fisting IS a federal crime as the federal law specifically defers to the each individual state's determination for being quote unquote obscene, UNLESS said obscene product is completely produced, marketed and sold within that SINGLE state and never crosses the state line whereby it never reaches the federal interstate importation or transportation qualifiers.
But how many producers have their products solely made and sold ONLY within one state?
 
Blink
Deactivated User

78 Posts
2/08
Posted - Apr 14 2008 : 6:02PM
^ FYI:
"Locale" is synonymous with "location," and it only acts as a noun. The word that you should be using as an adjective is "local."
mindee
Member

If you don't break the rules, you'll never have any fun!
717 Posts
10/06
Posted - Apr 14 2008 : 7:05PM
I recently saw a cut from a Belladonna video that included Bella and Jenna Haze and Jenna was giving Bella a full double fist (vag/anal) I thought it was very, very hot, but I would think that would be a very risky scene to market.
popdog
Member

865 Posts
5/05
Posted - Apr 14 2008 : 8:28PM
That's a web only scene, it's not on the DVD.
redhead
Member

Not so redhead these days...
718 Posts
1/08
Posted - Apr 14 2008 : 9:06PM
mindee
Member

If you don't break the rules, you'll never have any fun!
717 Posts
10/06
Posted - Apr 14 2008 : 9:21PM
Web or not, isn't it still a bit of a risk, especially if you're not using an off-shore server?
ninja1
Senior Member

2939 Posts
1/08
Posted - Apr 14 2008 : 9:38PM
I've noticed several DVD producers with that policy of disallowing fisting in DVD content while allowing it in web content. These are smart/astute/cautious businesspeople who, I'm sure, have consulted lawyers on such issues. Why the distinction? Are the laws different? Or is it just easier to plead ignorance regarding the location of your internet customer?
SeX Z Pictures
Tommy Molina

73 Posts
11/07
Posted - Apr 15 2008 : 9:57AM
Yes i know my New Zealand Distributor was a bit upset they could not carry the hardcore version of Upload. But again that is your local jurisdiction.
Customer said it right when he said state laws will enforce it. Its a shame and i say if your state finds it illegal. Move the hell away. There should be no rule that says if someone wants to stick a hand up their ass and show the world that they can't. It's not the governments decision who sticks hands up their asses. Its the performers decision.
Funny how here in VA if they followed the old stupid ass laws. You can technically go to jail for having sex out of the missionary position. What a wonderful thing huh? I think i saw on TV once there was actually a law in a state that said that you cannot take a bath on Tuesday. Wow they must have smelled like shit back in the day.
Edited by - Sex Z Pictures on 4/15/2008 9:58:06 AM
mindee
Member

If you don't break the rules, you'll never have any fun!
717 Posts
10/06
Posted - Apr 15 2008 : 8:21PM
But isn't this just the sort of thing that DOJ is alleging against Evil Angel? I'm not sure, but isn't part of their case, having to do with one of Bella's on line video trailers, and how easy it was to access for the 17 year olds, who already know more than most 30 year olds?



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