If illegal prostitution is videotaped does it become legal pornographic filmmaking?
*Prostitute? No, your Honor, I simply hired this woman to appear in my short-subject erotic film.
No, I do not represent an established filmmaking company. I am simply an amateur filmmaker and private collecter, but I do appreciate the value of paid professional talent.*
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I have the feeling any local constabulatory is going to see right through that ruse. First of all, you’d have to have proper permits to make a film, not to mention the permission of the motel, unless you feel confident enough to bring said prostitute back to your home.
It’s a good idea, though. Why don’t you try it out and see how it works?
Oh for the love of god…
Can you please cite a statue which requires someone to have a permit just to make a movie or one that requires people operating video cameras inside a motel room to have the motel owner’s permission? True, one may need a permit to film in specific locations (for example, if one wanted to film on a city street the city might require a permit) but no permit is required to make a film in and of itself.
IANAL but the question raised by the OP strikes me as a legitimate defense to a charge of prostitution. It raises questions of fact which a jury or judge would decide at trial.
Okay, went back to read the OP. Didn’t catch the second part about “do not represent a filmmaking company.” Hence the confusion about permits and such. I realize you don’t need a permit to make an amateur film, but if you’re filming in a public place (and that includes a rented hotel room, sorry) you’ll still need the permission of the hotel owners. It’s a public place – you don’t own the room.
Gah. The jerk store called, he’s out of you, you grumpy bastard.
That said, defending yourself in court on a fabricated technicality over a potentially character-defaming charge? Not to mention you’ve got to count on the prostitute as your sole witness to the fact that you’re making a film, and not trying to skirt the legal system?
I fall back on the “try it out, see if it works, report back” advice.
Chastain86:
I imagine the existence of the film itself would suffice to prove that.
The flip side of this question - why don’t porn stars get arrested for prostitution - has been discussed in GD.
Chastain86, I see the OP as a hypothetical question with the parts in italics indicating his imaginary argument to the judge. Now, maybe bienville intends to follow through on this, but there is no need to assume that.
I find the OP to be a fascinating legal question and I hope some of our board attorneys will drop by shortly.
This question’s been asked before:
Why can’t I start a porn movie company as a front for prostitution?
Can you avoid prostitution charges by filming the proceedings?
A Clever Way Around Prostitution Laws?
and possibly other threads that didn’t match on prostitution movie.
I think testing the converse would be the best way to find out. If someone is being paid to appear in such films–for example, any of the “Vivid girls”–could you charge them with prostitution?
The important thing here is that whatever acts the state’s statutes specify must be performed (and not just simulated) in full view of the camera, and the payment must be a matter of public record. If you can figure out how the established companies get around it, then you can probably figure out how to engineer just such a loophole for yourself.
However, I’m not sure the “Woody Allen” defense would work. That is, is there perhaps a distinction between films where the co-star is paid by a hypothetical third party (the “producer”) or if she is paid by you (her “co-star”)? I think it would be difficult to claim that you are both the producer and the star in this particular case.
No. A hotel room is a private place.
No. A hotel is a public accommodation, but a hotel room is a private place.
No (unless your contract with the hotel requires you to seek permission to film in privacy of your room).
No.
Irrelevant.
Many “amateur” adult films feature the producer/director in acting roles.
Sorry, going to need a cite on this one.
You first.
First, get me a cite for the definition of a “public” place that includes a locked, rented hotel room.
Then give me a cite for the assertion that you need permission (in general) to film a movie in a “public” place (that is, if you’re not blocking traffic or otherwise interfering with the public or otherwise breaking the law by performing sex acts in front of people).
Then give me a cite for the assertion that the law requires you to get permission to film in a hotel room. Unless it’s in your rental agreement (which probably bars things such as illegal acts), you can do whatever you want in your room. Sure, you can get thrown out of a room for one of many reasons, but that means nothing to a court trying you for prostitution. Most likely, the hotel operator is never going to know and he or she will certainly have no recourse against you after the fact.
Hey, I’m willing to admit I’m wrong, should someone come forward to say that the inside of your hotel room is NOT a public place, and you DON’T need permission from the hotel proprietors to film a movie there.
Are you willing to admit defeat if someone sides with me? Because I’m not convinced you would be.
The inside of your hotel room is not a public place. If it were, then there would be no need for locks on the doors.
You can do pretty much anything you want in the hotel room, but if it’s actually illegal to do so (drugs, prostitution, murder, what have you), then you’re just as up the creek as you’d be if you’d done them elsewhere. The motel/hotel owner is not liable for your depravity, even if you commit the crime on his premises.
I almost hired a prostitute for a movie I’m currently working on. I wanted a graphic shot of a cunt, but I decided to take my movie about the rape of one of my best friends in a different direction. It’s too bad, because I really want to credit the prostitute as a cunt double.
Where I am: do not need permission to shoot in a hotel unless there are corporate logos visible or you are going to cause a serious hindrance to the other guests, ie. there’s no way in hell it would be a stealthy shoot.
Well, then, allow me to extend my apologies. Apparently I was under a mistaken impression there would need to be permission granted.
Can I still request that the OPer go and test this theory and report back?
First, I’d suggest being careful about flaming outside of the Pit. Mods tend to frown upon it.
Second, I wouldn’t be grumpy if you refrained from posting flat-out wrong information in response to an OP (especially in a legal thread).
So, apparently your grumpiness had nothing to do with being reprimanded at work, then? Did you show up on time today?
That said, hey. If you were offended, I’m sorry. Apparently I was wrong.
My mother managed a motel and was contacted by a company wanting film porn in a room. I’m wondering about the legal issue because of this. Either he wanted permission because he did not want trouble if she figured out what was going on or he had to due to some law. I wish I knew the reason.
side note: He offered her a role in the movie and she almost died.
Hopefully a major dose of tryptophan tomorrow will civilize the discourse around here… Geez. Have some turkey already.
Think about it. The police and courts are going to look very closely at the history of all involved. If the “talent” has a history as a prostitute, and the “producer” has a history of patronizing them, then the judge is going to ignore the “filmmaker” claim. At best.
And many communities, especially in the south and midwest, are going to frown on adult filmmaking regardless, and prosecute the “filmmaker” even more vigorously in order to maintain their community standards.
Your best bet for succeeding with this scheme is to really do it, and conduct yourself with proper business decorum… and operate in a county where such activities are regarded as acceptable… like Los Angeles. And realize you are probably going to need to grease the palms of both local officials and local mobsters; neither group is going to ignore you.
I understand that a good source of “talent” for these ventures can be found at strip clubs. Erotic dancers can make better tips if they do a couple vids and then are able to bill themselves as “porn stars.”