Originally Posted by pornlaw

Here's the difference between porn and prostitution...

What makes porn legal to shoot in California and New Hampshire is the fact that porn involves a producer/director paying other people to have sex. The person paying is not receiving the direct sexual gratification from the model.

In Freeman, the California Supreme Court noted the lack of sexual gratification for the producer as the the deciding factor for the court finding porn production a protected First Amendment right. Even under Freeman, POV shoots in California are not protected if the director that is paying is also the male talent.

I regularly receive calls from newbies that say they have the next big thing in porn -- regular guys that will pay the costs of the production to fuck pornstars on camera.... sorry thats still prostitution.