Not that I’d ever do this, BUT…
Seems to me that I can hire a prostitute as a “model,” make meticulous copies of her DL and Social Security Card to prove she’s over 18, and then film the act. If I get caught, hey - I was making a porn movie, and the prostitute is an actress I hired!
I wonder if anyone has ever tried this defense in court…
This is a pretty old idea. It’s only for Hollywood. Hope thats where you live.
Prostitution as well as pot ARE legal in certain areas of the USA. You can do it in those areas.
Generally speaking, police and prosecutors aren’t completely stupid. I would imagine that if you couldn’t show the intent to distribute pornography (e.g. by paying a printer to actually print the pictures), they would prosecute.
Generally speaking, technicalities apply only to police procedures, not to your own actions. There is sufficient leeway in the laws so that what really matters is, “will a jury buy your excuse?”
He’s the sort to stand on a hilltop in a thunderstorm wearing wet copper armor, shouting ‘All Gods are Bastards!’
besides, it’s the act that attracts criminal liability; why you do it is irrelevant.
and the stars o’erhead were dancing heel to toe
Don’t forget that the lions share of prostitution arrests are made by police officers posing as johns or hookers.
Hard to make your story hold up when the actress was a cop, no matter how many vidieo cams you set up.
It’s arguable that that’s exactly what happens for many pornographic movies. The producer wants to sleep with a bunch of pretty, desperate young actresses, so he hires them for a porno flick. They sleep with him, more or less with the understanding that this is the condition for them appearing in the film. He’s only made a modest investment (say, $100,000 for the film, and he makes back twice that from the rentals) and he gets to have sex with a dozen women.
Heck, it’s arguable that this happens in a lot of mainstream movies too, but you’ve got to be prepared to invest more money.
But if you do this and no film is ever released, then you could get in trouble.
$100,000 for the film? No I don’t think it costs anything like that. Maybe $50k or less.
Plus, to use that defense in court youll need to show you are a real producer, licenses, insurance, permits, etc etc.