# Legality of adult films **URL:** \ **Category:** Factual Questions\ **Created:** [April 26, 2000, 4:15pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161 "2000-04-26T16:15:00Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\ **Post date:** [April 26, 2000, 4:15pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/1 "2000-04-26T16:15:00Z")
Are the things shown in adult films for real? Are they really having intercourse? Is the, um, bodily fluids shown actually real? And if porno actors are getting paid to have sex on film, why aren’t they guilty of the crime of prostitution? ---
**Author:** ![SingleDad](https://avatars.discourse-cdn.com/v4/letter/s/9e8a1a/32.png) [@SingleDad](https://boards.straightdope.com/u/SingleDad)\ **Post date:** [April 26, 2000, 4:45pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/2 "2000-04-26T16:45:00Z")
“Are the things shown in adult films for real?” Yes. Are they really having intercourse? Yes. Is the, um, bodily fluids shown actually real? Yes. And if porno actors are getting paid to have sex on film, why aren’t they guilty of the crime of prostitution? Not sure. Perhaps one of the lawyers here will point out the specific difference. ## Porn is like wrestling. The actions are real, the motivation and depth of response are acting. Catapultam habeo. Nisi pecuniam omnem mihi dabis, ad caput tuum saxum immane mittam. ---
**Author:** ![JDeMobray](https://avatars.discourse-cdn.com/v4/letter/j/85e7bf/32.png) [@JDeMobray](https://boards.straightdope.com/u/JDeMobray)\ **Post date:** [April 26, 2000, 4:47pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/3 "2000-04-26T16:47:00Z")
. . .And modern wrestling is a lot like porn. ---
**Author:** ![KeithT](https://avatars.discourse-cdn.com/v4/letter/k/e47774/32.png) [@KeithT](https://boards.straightdope.com/u/KeithT)\ **Post date:** [April 27, 2000, 5:15am UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/4 "2000-04-27T05:15:00Z")
Since this is a state-rights issue, I will use an example. From the Wisconsin Statutes: > [@](#): > > 944.30 Prostitution. Any person who intentionally does any of the following is guilty of a Class A misdemeanor: > > 944.30(1) > (1) Has or offers to have or requests to have nonmarital sexual intercourse for anything of value. > > 944.30(2) > (2) Commits or offers to commit or requests to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another for anything of value. > > 944.30(3) > (3) Is an inmate of a place of prostitution. > > 944.30(4) > (4) Masturbates a person or offers to masturbate a person or requests to be masturbated by a person for anything of value. > > 944.30(5) > (5) Commits or offers to commit or requests to commit an act of sexual contact for anything of value. > > 944.31 Patronizing prostitutes. Any person who enters or remains in any place of prostitution with intent to have nonmarital sexual intercourse or to commit an act of sexual gratification, in public or in private, involving the sex organ of one person and the mouth or anus of another, masturbation or sexual contact with a prostitute is guilty of a Class A misdemeanor. Considering that the state Supreme Court has ruled: [quote] As long as someone compensates another for engaging in nonmarital sex, the elements of prostitution are met. State v. Kittilstad, 222 Wis. 2d 204, 585 N.W.2d 925 (Ct. App. 1998)\* [quote] , one would necessarily argue that the actors are paid for the right to film the act and not the act itself, in order to avoid prosecution. Of course, I am not a lawyer, so don’t take this as legal advice. As a side note, does anyone find it interesting that prostitution is legal between a husband and wife? * * * _“The best way to do mathematics is to be creatively lazy.” -I. M. Isaacs_ ---
**Author:** ![JoltSucker](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JoltSucker](https://boards.straightdope.com/u/JoltSucker)\ **Post date:** [April 27, 2000, 5:41am UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/5 "2000-04-27T05:41:00Z")
I think the distinction is in who’s paying who for what. One actor doesn’t pay another for sex. The movie studio pays actors to have sex with each other. Viewers don’t pay to have sex with the actors, they pay to watch. If I take your money so you can have sex with me, that’s prostitution. If I take your money to let you watch while my wife and I go at it, that’s not. Of course, I’m not a lawyer, so I could be wrong. ---
**Author:** ![system](https://global.discourse-cdn.com/straightdope/original/2X/e/e489c3b7d8fce19c4b355dd4fc3f88cc39c34b87.png) [@system](https://boards.straightdope.com/u/system)\ **Post date:** [April 27, 2000, 5:46am UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/6 "2000-04-27T05:46:00Z")
> [@](#): > > Originally posted by pkbites: > **Is the, um, bodily fluids shown actually real?** Yes, they’re actually having sex. But no, sometimes the “fluid” that you see is actually K-Y jelly or egg white or hand lotion of the proper shade (sometimes it’s thinned-down vanilla pudding, which tends to be extremely sticky). K-Y jelly and hand lotion have the advantage of not drying out under the hot studio lights, but egg white (especially when applied to the female parts for a still photo) is supposed to look more authentic. You are aware, of course, that standard techniques of film editing are used to make it look like the guy ejaculates six times in a 30-minute period, when actually filming took place over a series of several days? Just because the scenery, costumes (or lack of them), and personnel are the same, doesn’t mean the sex scene took place in real time. You don’t want to know how I know all this. 😃 * * * “Why, sometimes I’ve believed as many as six impossible things before breakfast!” - the White Queen ---
**Author:** ![AWB](https://avatars.discourse-cdn.com/v4/letter/a/bb73d2/32.png) [@AWB](https://boards.straightdope.com/u/AWB)\ **Post date:** [April 27, 2000, 5:49am UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/7 "2000-04-27T05:49:00Z")
[Housewife Charged In Sex-For-Security Scam](http://www.theonion.com/onion3208/sexforsecurity.html)😃 😃 So, if you can convince a hooker to sign an acting contract and have a video camera filming, you should be in the clear. * * * You must unlearn what you have learned. – Yoda ---
**Author:** ![Arnold\_Winkelried](https://avatars.discourse-cdn.com/v4/letter/a/3d9bf3/32.png) [@Arnold\_Winkelried](https://boards.straightdope.com/u/Arnold_Winkelried)\ **Post date:** [April 27, 2000, 5:51am UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/8 "2000-04-27T05:51:00Z")
You can read our previous discussions on this subject, in this same forum. [A Clever Way Around Prostitution Laws?](http://boards.straightdope.com/ubb/Forum3/HTML/006052.html) and [Why Aren’t Porn Performers Arrested for Prostitution?](http://boards.straightdope.com/ubb/Forum3/HTML/001578.html) The consensus seems to be: the actors would be victims of the crime of prostitution in certain jurisdictions. Most prostitution is done in California (or New York.) California Penal Code 653.20a says (a) “Commit prostitution” means to engage in sexual conduct for money or other consideration, but does not include sexual conduct engaged in as a part of any stage performance, play, or other entertainment open to the public. ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [April 26, 2000, 6:36pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/9 "2000-04-26T18:36:00Z")
“Are the things shown in adult films for real? Are they really having intercourse? Is the, um, bodily fluids shown actually real?” ## Well Brian did not agree with me on this but I know that fluids are easily faked & it would be the thing to do to save bucks. “‘How do you know I’m mad’ said Alice. 'You must be, ’ said the Cat, ‘or you wouldn’t have come here.’” ---
**Author:** ![Satan](https://avatars.discourse-cdn.com/v4/letter/s/e9bcb4/32.png) [@Satan](https://boards.straightdope.com/u/Satan)\ **Post date:** [April 26, 2000, 7:33pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/10 "2000-04-26T19:33:00Z")
The cum is fresh from the tap in every porno I have witnessed. And a former job involved me going to a porn set or two, so I know this from firsh-hand experience. Look at it logically - Why pay for something which cums for free? 😃 * * * Yer pal, Satan [http://www.raleighmusic.com/board/Images/devil.gif](http://www.raleighmusic.com/board/Images/devil.gif) _I HAVE BEEN SMOKE-FREE FOR: Two weeks, three days, 17 hours, 33 minutes and 2 seconds. 709 cigarettes not smoked, saving $88.66. Life saved: 2 days, 11 hours, 5 minutes._ ---
**Author:** ![Otto](https://avatars.discourse-cdn.com/v4/letter/o/bbe5ce/32.png) [@Otto](https://boards.straightdope.com/u/Otto)\ **Post date:** [April 26, 2000, 7:51pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/11 "2000-04-26T19:51:00Z")
hey! I’m supposed to be the one who cites Wisconsin statutes around here! > [@](#): > > As a side note, does anyone find it interesting that prostitution is legal between a husband and wife? All property is presumed to be marital property, and it’s impossible to pay someone with their own property, thus there is no transfer of property between husband and wife. Technically speaking I suppose it would be possible to pay one spouse from the other’s individual or pre-determination date property, but proof problems would be so great that I can’t imagine too many prosecutors would spend any time on it even if the statute were worded differently. ---
**Author:** ![MadPoet](https://avatars.discourse-cdn.com/v4/letter/m/8c91f0/32.png) [@MadPoet](https://boards.straightdope.com/u/MadPoet)\ **Post date:** [April 26, 2000, 9:31pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/12 "2000-04-26T21:31:00Z")
From what I remember, in Cali at least, they were ruled not prositution because the person paying was not the one having sex, and it wasn’t for his own enjoyment. Most use real fluid. There are some that fake it. Unless you want to tell me that a man can ejaculate a 3 ft stream continuously for over a minute. I mean Peter “The Decorator” North is one thing, but sometimes they go over the top. Places that are just taking pictures have to use something that will last over time. The “Real Thing” gets runny pretty quickly. So to answer that… yeah, they fake it sometimes. Most of the time it’s the real deal, however. * * * [http://www.madpoet.com](http://www.madpoet.com) I am human, and I need to be loved Just like anybody else does ---
**Author:** ![handy](https://avatars.discourse-cdn.com/v4/letter/h/b5a626/32.png) [@handy](https://boards.straightdope.com/u/handy)\ **Post date:** [April 27, 2000, 12:23am UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/13 "2000-04-27T00:23:00Z")
'Look at it logically - Why pay for something which cums for free? ’ It’s not free & it takes a lot of work to get it, plus after the 20th take, guys are shooting dustballs 🙂 ---
**Author:** ![JoltSucker](https://avatars.discourse-cdn.com/v4/letter/j/d2c977/32.png) [@JoltSucker](https://boards.straightdope.com/u/JoltSucker)\ **Post date:** [April 27, 2000, 2:22am UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/14 "2000-04-27T02:22:00Z")
> [@](#): > > after the 20th take, guys are shooting dustballs 🙂 It’s **hard** work, but somebody has to do it. Sorry, couldn’t help myself… 😛 ---
**Author:** ![Alphagene](https://avatars.discourse-cdn.com/v4/letter/a/8e7dd6/32.png) [@Alphagene](https://boards.straightdope.com/u/Alphagene)\ **Post date:** [April 27, 2000, 4:02am UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/15 "2000-04-27T04:02:00Z")
> [@](#): > > after the 20th take, guys are shooting dustballs Yeah, this was your logic last time. Twenty Takes? We’re talking “California Cocksuckers #31” here, not “Citizen Kane”. * * * **Tony Soprano** : We’re the only country in the world where the pursuit of happiness is guaranteed in writing… Where’s _my_ happiness then? **Dr. Melfi** : It’s the _pursuit_ that’s guaranteed. **Tony Soprano** Yeah, always a fucking loophole. ---
**Author:** ![matt\_mcl](https://avatars.discourse-cdn.com/v4/letter/m/7ab992/32.png) [@matt\_mcl](https://boards.straightdope.com/u/matt_mcl)\ **Post date:** [May 7, 2000, 3:23am UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/16 "2000-05-07T03:23:50Z")
> [@](#): > > 944.30(1) > (1) Has or offers to have or requests to have nonmarital sexual intercourse for anything of value. Is it prostitution for me to imply to my date that I’ll give it up if he takes me to a movie and a nice dinner? ---
**Author:** ![HorseloverFat](https://avatars.discourse-cdn.com/v4/letter/h/8e8cbc/32.png) [@HorseloverFat](https://boards.straightdope.com/u/HorseloverFat)\ **Post date:** [May 7, 2000, 9:01am UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/17 "2000-05-07T09:01:52Z")
> [@](#): > > \*\* > And if porno actors are getting paid to have sex on film, why aren’t they guilty of the crime of prostitution? > \*\* Both, all three of them, or the dozen of them (depending on what you’re watching) are being paid to have sex with each other so that _you_ may get off by watching them. You are the paying party, the John if you prefer. Unfortunatly you also don’t get to participate. Wait, or do you? Manually participating may be safer, legal, and less fun but its, in a strict interpretation, the same thing. You are paying to get off, Mr. John. You can even get closer to a real person with phone sex. I think this shows you how far people will take moralist agendas, they’ll buy into hookers are bad, but won’t go so far as to outlaw porn or phone sex. If anything, the porn industry shows you that there’s no real reason to keep prostitution illegal. Most things that we’ve been told are ‘wrong’ with prostition apply to pornography, yet society hasn’t collpsed. The dutch seem to agree and their well regulated prostitution industry tends to prove the rest of the world backward and chock full of hypocrites. ---
**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\ **Post date:** [May 7, 2000, 2:47pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/18 "2000-05-07T14:47:03Z")
I have seen several documentaries on the porno business and thay all agree that the ‘fluids’ are real. If the male performer cannot ejaculate, he is not paid his full price. Then a ‘stunt cock’ (their term) is used for the ‘money shot’. ---
**Author:** ![AWB](https://avatars.discourse-cdn.com/v4/letter/a/bb73d2/32.png) [@AWB](https://boards.straightdope.com/u/AWB)\ **Post date:** [May 7, 2000, 3:19pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/19 "2000-05-07T15:19:46Z")
IIRC, the producers of porno films are not paying the actors to have sex. They are paying them for the right to film them enacting a script where the characters have sex. Parallel: In the movie “Wild in the Streets”, Shelley Winters plays the abusive mother of Barry Williams. In one scene, she slaps him (for real, being a method actress). Was she guilty of child abuse and/or assault, or was the producer paying her to be abusive. No. The latter paid her to _portray_ an abusive mother and Williams to portray a victim. Closer still: a stunt man is set on fire. The producer is paying him to portray a driver who was in a fiery car crash, not specifically to set him on fire. It just so happens that the best way to portray a burning person is to be set on fire. Of course, precautions are taken (asbestos suit, crewmen with extinguishers) so that the stunt actor is OK. In the porn business, the best way to portray having sex to the degree the script calls for is to actually have sex. The precautions to having sex are AIDS and other STD tests (and probably birth control pills, since condom sex isn’t a big seller). If the actors have more sex than the script calls for, they can always say that they were improvising. :D:D ---
**Author:** ![Little\_Nemo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/little_nemo/32/3120_2.png) [@Little\_Nemo](https://boards.straightdope.com/u/Little_Nemo)\ **Post date:** [May 7, 2000, 5:15pm UTC](https://boards.straightdope.com/t/legality-of-adult-films/11161/20 "2000-05-07T17:15:51Z")
Is prostitution illegal? Generally, yes. Does having sex for money while making a movie qualify as prostitution? Generally, yes. Do porno actors get arrested for making movies? Generally, no. The fact is that there are thousands, if not millions, of laws broken and felonies committed every day that the police are aware are happening but simply decide are not worth the effort of making arrests for. Prostitution often falls into this category. Prostitution is almost certainly illegal where every reader is living, but despite this, every reader could probably find a place within fifty miles where prostitution is regularly and openly performed. As I’ve written in the past, most professionally made porno films in this country are made in a neighborhood in Los Angeles. The LAPD is certainly aware of the activities which are occurring there, but has decided to ignore these “crimes” and concentrate their efforts on the thousands of other felonies that occur in LA each day.