Meaning: Where in the US can you almost assure yourself an arrest for operating an adult website with proper docs and labels?
Meaning: Where in the US can you almost assure yourself an arrest for operating an adult website with proper docs and labels?
Be Who You Are!
That's a federal issue. I doubt that states have any say in that. California seems to be a target for inspections.
Utah seems very intent on getting rid of porn. Texas seems to be hostile to it as well. They have no problem sending people to jail for stupid things like selling vibrators and what not but those are city, county, or state charges.
Artist/Painter and Webmaster of Huskyhunks.com.
http://www.testicle.com/mikediana.htm
Mike Diana was arrested, charged and convicted for drawings in Florida.
At a state level.
Be Who You Are!
Some counties in Florida definitely have a hard-on for going after anything porn/violent/adult related.
TN, OK and UT are on the Hustler "Do Not Ship" list last I looked. If Larry Flynt won't ship there, I sure don't want to be doing business there But there are other places as well.
The problem is that you're subject to hassle by Federal, state, and local authorities. The incidents that have happened in Florida have, as far as I know, all been because of local prosecutors. The owners of AMVC.com were hassled by a local Virginia city prosecutor, who got them *jail time* for a zoning violation -- the only thing they could nail them on. And every week, if you get the Free Speech Express, you read about some local prosecutor gunning for visibility who is going after some adult store or producer or in some cases, a model operating on the Net out of the privacy of her home.
Idol, I don't know how reliable this list is, or how it got generated, but this is text directly posted on someone's warning page, so there must have been some rhyme or reason to its contents. It seems excessively long, but you will see at the bottom it gets down to specific cities and not the whole state:
"If you live in these specific states, cities or areas, you are not permitted to enter this site or subscribe to any services we offer:
Alabama
Arkansas
Hawaii
Idaho
Kentucky
Louisiana
Mississippi
Montana
New Mexico
North Carolina
Nebraska
Utah
West Virginia
Wyoming
Phoenix, Arizona
Northern Arizona
Northern District of Florida
Atlanta, Georgia
Indianapolis, Indiana
Broken Arrow, Oklahoma
Cincinnati, Ohio
Harrisburg, Pennsylvania
Scranton, Pennsylvania
Memphis, Tennessee
Alexandria, Virginia
Houston, Texas
Dallas, Texas"
last i heard, there were 14 states. can't remember 'em all, but kentucky, tennessee, arkansas, utah and alabama were on the list.
Rim,
Yeah... That looks like a list for "Extream" content like fisting with blood or horror porn.
ALABAMA: 350,351,352,354 thru 369
ARKANSAS: 716 thru 729
FLORIDA: 320 thru 29, 335 thru 342, 344, 346, 347, 349
GEORGIA: 304 thru 310, 312 thru 319
ILLINOIS: 609 thru 620, 622 thru 629
INDIANA: 467 thru 479
KANSAS: 664 thru 679
KENTUCKY: 400 thru 427
LOUISIANA: 703 thru 708, 710 thru 714
MISSISSIPPI: 386 thru 397
MISSOURI: 634 thru 639, 644 thru 648, 650 thru 658
NEBRASKA: 686 thru 693
NORTH CAROLINA: 270 thru 289
OKLAHOMA: 730, 731, 734 thru 741, 743, 746 thru 749
PENNSYLVANIA: 153 thru 179, 192 thru 188, 193, 195, 196
SOUTH DAKOTA: 572 thru 577
TENNESEE: 370 thru 385
TEXAS: 750 thru 799, 885
UTAH: 840 thru 847
VIRGINIA: 226 thru 229, 239 thru 246
WEST VIRGINIA: 247 thru 268
CALIFORNIA MILITARY: 962 thru 966
NEW YORK MILITARY: 090 thru 098
WASHINGTON MILITARY: 987
Same list but more defined with ZIP
Be Who You Are!
Granted, there's tons of news on AVN and XBIZ concerning strip clubs and adult bookstores fighting against oppressive zoning or overzealous city officials. That just goes with the territory in that business. But the cases involving video producers and internet sites have been few and far between. The last case I heard about concerning a video producer was a guy in St. Louis who was busted for prostitution for allowing customers of his website to pick the models to shoot for them, and that was plea-bargained away. And that was like 2 years ago. I think anything that's going on at state and local levels is pretty much just small-time harassment. On the federal level, the Extreme Associates case is the only really major one and that's been in court for 3 years now.
There is no protected right to _sell_ obscene materials.
however, the people have a constitutional right to _possess_ obscenity [but not child porn].
I just thought I would toss that little tidbit into the ring for ya'll to chew on.
I agree that the "Do Not Ship" lists are probably out-of-date.
Chad Belville, Esq
Phoenix, Arizona
www.chadknowslaw.com
Keeping you out of trouble is easier than getting you out of trouble!
Steve/Chad,
Allboy Magazine, Pornteam, and Pacific Sun have all told me that they won't ship product into Tennessee and Utah (and one or two other states) because (I'm told) there are some state regulations that make it very risky or illegal in those states specifically. And I know that we talk to a *lot* of customers from TN and UT specifically who tell us that they can't find anyone who will ship DVDs to them.
But when I think about it, Chad is absolutely right... a wholesale ban by a state on porn would, I assume, be a free speech violation.
Steve, do you ship to those states? Chad, should we be getting a consult with you to determine if we're being dumb by not shipping to those places?
I missread your question. I thought you were referring to 2257 and prosecutions. I did read the article. Well, i guess we add FL. to that list. When I read the FSC newsletter, shit seems to go down just about everywhere at the local level. Meaning, jail is jail whether it's a city, county, state or federal facility.
Artist/Painter and Webmaster of Huskyhunks.com.
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