LogFAQs > #946849950

CarefreeDude posted...

I wonder if sex workers could get around the laws by saying they are being hired to be an actor/actress in an adult film, and then simply record it?

This comes up from time to time because it's constitutionally protected free speech. I'm not lawyer, or 100% on how it would or wouldn't work, but one thing I'm sure of is in the USA it would require a fairly intimate database on every single one of your "actors" (clients) for 18-USC-2257 record keeping compliance. Discretion and confidentiality would be nonexistent on a number of levels. That alone would act as a barrier. Then it raises potential issues on my next point, because if you do end up in court, and are convicted, then those records you kept become evidence of other people's illegal activities. No one wants that.

The second point is whether or not you'd get busted for quid pro quo sex anyway. The legal system isn't stupid, they know when you're disingenuously working some technicality in order to commit a crime. This approach would probably be terrible for individual sex workers looking for a legitimate way to engage in their trade, but might work out on the other side for people who want to pay for sex work and are seeking an outlet with at least some veneer of legality. You have the right to self expression and that includes sexual expression. Pursuant to that, you have the right to recruit and pay performers for a production even if that performance involves sexual acts. That has a firm basis in constitutional law. So far so good but it isn't the whole story. There's more I could say about this but if what you're really doing, like really-really doing at the end of the day is paying people for sex and calling it video production, a prosecutor might just figure out how to turn that into a case against you, especially if most of your performers are known prostitutes.

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