chickentribs

This is a question that I have asked many times, but nobody I have talked to seems to have a good answer to. Why is it that prostitution (having sex for money) is illegal, but not illegal to pay the performers in an adult movie to have sex?

Does this mean I just need to take a camcorder with me and make a "movie" with my choice of paid escort and all is good? Especially with the growth of amateur films, how could they ever prosecute me or prove I wasn't making a film? Jenna Jameson made something in the neighborhood of $10 million last year, and I am sure the authorities could find her if they wanted to. Why didn't Heidi Fleiss just call herself a director? Curious.

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bing bing

That’s an interesting question and I look forward to the responses.

Prostitution is legal here, yet making commercial porn videos is not, or at least I don't think so in Melbourne. So it seems like we're the opposite. Prostitues offer their services in the local community newspapers.

typhus

Maybe its because both people are being paid and neither one is a "customer".

That's odd that prostitution is legal in Melbourne, but making porn is illegal. I don't quite understand that one.

lynzh

The problem you are facing is this; Am I living in the wrong country/state?

I'm from Norway, and here, both prostitution and pornography is totally legal. Even though, under prostitution. Having a pimp is not legal.

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Dingo2879

What Typhus mentioned seems to make the most sense.. Porn can be considered as theatrical presentation where all involved actors/actresses are compensated... Where prostitution is more one person paying another for a sexual service... Makes sense, I can see how they draw the line, but in no way do i agree with it...

DelayedReaction

If the producer is also acting in the film, then the only one who would get reimbursed is the other actor. If the other actor is a prostitute, would that work? Or, more likely, would you just be making a video of a crime?

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Dingo2879

But in that scenario the producer/actor would be receiving compensation in sales of the product....

Stompy

Just goes to show how ridiculous and nonsensical it is to outlaw prostitution.

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Dingo2879

Agreed.......

Master_Shake

Because the government said so. Since when do laws have to be consistent?

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Zephyr66

Master_shake is right, the government does whatever they want. The hypocritical part of that is that most rich old politicians have some young chick who just wants thier money, which is pretty much paying for sex.

Dingo2879

Prostitution being illegal isn't just the governments fault... The people don't support it either.. To many Christian rights prevent that law from ever changing....

Cimarron29414

As others have said, it is because pornography is considered "Acting". You are making a movie and acting out sex acts for entertainment purposes. Both actors are being paid, and the industry is being tested for STD's. Also, it can be taxed - therefore it is legal.

Prostitution would be difficult to tax, test, or regulate on a mass scale. Therefore, it remains illegal.

The other interesting question is: If prostitution is legalized and you are dissatisfied with the 'product' you purchased, what is your recourse? Do get a refund, discount, or do you call the Better Business Bureau? Wouldn't you love to sit on that help line!

Caller: Yes, I would like to report a problem with my prostitute.
BBB: What seems to be the problem?
Caller: Yes, well I asked for a tossed salad, followed by a shocker, followed by a good flogging. I didn't get my shocker, so I want a discount.....

ICER

It answer is quite simple, The actors are not bieng paid to have sex. they are being paid to be in a movie. Which just happens to have sex acts in it.

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Dingo2879

That was funny! Everyone is looking at me wierd now because I just lost it after reading that...

chickentribs

Then, I will make my movie "A trip to the Prostitute", which would just be a film of me driving to the massage parlor! Not much plot, but it is all really about character development! As producer, I will compensate myself so that I am a paid actor as well!

Also - There is the question of web sites that pay women for pictures of them engaged in sex, which would seem hard to argue the whole "actor/actress" thing. I know it is ridiculous, and believe me when I say I am the last person to want to outlaw porn! Just always seemed a fun, obvious contradiction to mess with my lawyer friends with...

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Zeraph

It's a combination of factors. Short answer is that it is linked to other things, such as drugs and slavery.

fpgt91

Here's the reason why at least I believe prostitution is illegal and porn is legal. Taking a closer look at prostitution in north america mainly, I can easily see why. With prostitution it is generally not a choice for any woman or man but more or less a last resort for a way to survive, to at least have some income. How ever becuase "pimps" clearly know that most prostitutes are in this situation they can easily take advantage of the persons misfortune, manipulating them with empty promises and so on especially younger prostitutes. The younger they are the easier they are to manipulate and control, so prostitution promotes under age sex, along with the use of drugs since they usually go hand in hand. Are you starting to see why prostitution is illegal now? I sure hope so.

On the other hand there is porn. I can see why porn is legal...it's usually in about 98% of the case both partners fully consent to that style of life, they actually practice safe sex and do get screened for STD's and so on. There is drug use in it due to the large amounts of money making that goes around but it's no where near the amount as in prostitution.

Government and it's place...Now for some reason you can't ignore these bastards, I have no idea but I would suspect that another reason for each legality is some % of the cut. I'm sure there is taxes that are paid from making the porno films, even if it is on the purchasing of products used the government get's some part of the share...in prostitution the government get's what %??? That's right, diddley squat, and if they don't get a share it can't be legal.

Those are my thoughts on the subject, I hope they make sense.

TheBrit

I'm fairly sure that's correct. I remember reading about this place where you could have sex with this couple, it cost some stupid amount of money, and you had to take a camera to film it, otherwise it wasn't legal.

toxic515

Fact is the pornography laws vary wildly from state to state as well. Here in Texas, it's illegal to take a picture of it... (quickly re-formats digital camera media)

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bermuDa

the search function is your friend, there has already been a lengthy discussion about it in the philosophy board: http://www.tfproject.org/tfp/showthr...n+prostitution

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Tracybrian

I think it has somthing to do with taxs and record keeping. You have to have detailed records if the porn police want to audit you and a business licesces and all that good stuff. If you have a video camera and you get the prostatute to sign a wavier and then also abide by other state laws like prior aids testing and what not and so forth. I bet 90% of porn talent comes from the streets or strip clubs bro.