All right, porn stars are paid to have sex, use their bodies, yadda, yadda, yadda…
What is their loophole that makes this not considered prostitution?
You can’t purchase the ability to have sex with them.
This question seems to be asked at least once a week in some form or another. Almost makes you wish there was sticky at the top of GQ with links to the 10 most asked questions in GQ (-gry, 4:20, etc, etc).
http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=165867
http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=88359
http://boards.straightdope.com/sdmb/showthread.php?threadid=82797
http://boards.straightdope.com/sdmb/showthread.php?threadid=3935
http://boards.straightdope.com/sdmb/showthread.php?threadid=54608
http://boards.straightdope.com/sdmb/showthread.php?threadid=16003
http://boards.straightdope.com/sdmb/showthread.php?threadid=12646
and on and ond…
This question seems to be asked at least once a week in some form or another. Almost makes you wish there was sticky at the top of GQ with links to the 10 most asked questions in GQ (-gry, 4:20, etc, etc).
http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=165867
http://boards.straightdope.com/sdmb/showthread.php?s=&threadid=88359
http://boards.straightdope.com/sdmb/showthread.php?threadid=82797
http://boards.straightdope.com/sdmb/showthread.php?threadid=3935
http://boards.straightdope.com/sdmb/showthread.php?threadid=54608
http://boards.straightdope.com/sdmb/showthread.php?threadid=16003
http://boards.straightdope.com/sdmb/showthread.php?threadid=12646
and on and ond…
Do a parallel: If I pay you to rob a store or burn down a building, I’m an accessory before the fact and in most jurisdictions guilty of criminal conspiracy as well. But if I pay you to portray a robber or arsonist in a movie, I’m asking you to go through the same motions, but for a quite different reason. Neither your conduct or mine is criminal in the strict sense (though the movie and/or your portrayal may be “criminally poor acting” ;)).
A porn star is asked to portray a character who engages in sex acts according to a script – that the plot of the film may consist entirely in getting as many sex scenes as possible onto one VCR cassette is secondary to the point that it is acting of a sort. The actor or actress is not being paid to have sex; he or she is being paid to portray a character who has sex. His or her engaging in sex acts are merely a concomitant of the portrayal.
(I’m wondering if NBIT33 has a point as well – there is a distinction in law between offering a service to the general public and offering the same service under the specifically limited terms of a contract with another private entity; that may have something to do with what governs criminality here, as well.)
And if it were prostitution: So what?