Porn is Not Prostitution

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08-02-2005, 04:54 PM
chadknowslaw

Porn is Not Prostitution

California is the only state so far that has a State Supreme Court ruling that exempts porn from prostitution laws. New York could be next! Another small victory for the good guys.

Judge Sees No Link Between Prostitution, Paying for Sex to Make Films
Mark Fass
New York Law Journal
08-02-2005

A Manhattan judge has enunciated the legal distinction between prostitution and paying someone to participate in sexual activity to make a pornographic film.

Prostitution, as traditionally defined, requires person A paying person B for sexual activity to be performed on A, Supreme Court Justice Budd G. Goodman wrote in People v. Paulino, 6687/04.

Pornography, on the other hand, involves person C paying B for sexual activity performed on A.

"In other words, prostitution is and has always been intuitively defined as a bilateral exchange between a prostitute and client," Goodman opined.

Full story :

http://www.law.com/jsp/article.jsp?id=1122929108666
08-02-2005, 06:48 PM
SLS

Now THATS a thin line imo...

I thought the big divider was "I'll pay you to let me film you having sex" VS "I'll pay you to have sex while I film it."

So it's not prostitution unless the line is "I'll pay you to have sex with me while I film it." OOOPS on a bunch of amateur producers, they went and filmed themselves soliciting prostitution according to this thread.
08-02-2005, 06:50 PM
basschick

it's a thinner line than that - i know of a street boy who was convicted of prostitution even though the guy who approached him with the money only wanted to watch him with a third party.
08-03-2005, 05:12 PM
BritishTwinks

I like the idea that big Hollywood stars are technically prostitutes unless they film their sex scenes in the right part of the country!
08-03-2005, 05:16 PM
basschick

big hollywood stars don't have sex on film... simulated sex doesn't apply to prostitution.

Quote:

Originally Posted by BritishTwinks

I like the idea that big Hollywood stars are technically prostitutes unless they film their sex scenes in the right part of the country!
08-03-2005, 05:22 PM
BritishTwinks

Oh, shame.

Are there lots of rules about which acts actually count as sex/prostitution then? Some films do show licking and so on. If I paid a guy to lick my stomach, would that count as prostitution?

Over here, it's up to a jury to decide what is "obscene" - so different things count as sex on different days.
08-03-2005, 05:24 PM
chadknowslaw

Quote:

Originally Posted by basschick

it's a thinner line than that - i know of a street boy who was convicted of prostitution even though the guy who approached him with the money only wanted to watch him with a third party.

The less financially unfortunate are often convicted of things they are really not guilty of simply because they cannot afford to fight the charge.

If you pay someone to have sex with you, that is prostitution. Of course, I think it ought to be perfectly legal.
If you pay someone to be filmed while engaging in sexual activity, that is not prostitution.
I am sure some of you will want to splice hairs and give strained examples, so stop it and just appreciate the fact that a court outside of California gave a good ruling>