Adult Business Legal Tips

For the next several weeks, I'll be answering common questions that I receive from people like you who are looking to get into, or looking to expand their existing adult entertainment business.

In this newsletter, I'll answer a question that I probably receive more than any other:

IS IT LEGAL TO SHOOT ADULT FILMS OUTSIDE OF CALIFORNIA?

First, let's start with a little background. In 1988, the California Supreme Court in a case named People v. Freeman. decided that pandering laws could not be used as a "tool to impose a system of governmental censorship of erotic materials." (Pandering is the business of selling or marketing pornographic material.) Effectively, this means that the production of adult content in California is not pandering on the part of the producer, nor prostitution on the part of the performers.

With the explosion of adult content on the Internet since the 1990s, and the fact that very few pandering or prostitution charges were brought against adult performers or producers, it has generally been assumed that such content could be produced in the U.S. without risking these types of charges.

That being said, no other state in the U.S. has considered the decision in the Freeman case, which means we don't have a definite answer how other states will handle it. It is safe to assume that the more conservative jurisdiction you produce your content, the higher your risk.

Additionally, any adult content that is considered "obscene" under the definition of the U.S. Supreme Court, is also prohibited and illegal. Certain states have recently been active in bringing obscenity charges against what is typically been considered "extreme" content.

How does this apply to you? Your best bet is to have Pepper Law Group give you an analysis based upon your particular situation - where you are producing and the nature of your content. Getting it wrong can be VERY costly. Call us today at 908.698.0330 and find out how we can help you get started LEGALLY.