Advice from The Family Guy

[Geeky80]

In this short clip from "The Family Guy", the writers suggest an alternate loop-hole to avoid getting busted.

https://www.youtube.com/watch?v=BPSWQFv9LgU
(46 seconds)

(the video shows a guy handing a girl money, the cops bust in, the guy says it's not prostitution because he is filming it, so it's a porno production, and the cops leave)

What do you legal experts think about this? Would this enable me to discuss specific services and money with providers without worry? In any U.S. state?

[xfrankthetankx]

It would depend on individual state law and you will still get charges, paraded out to the media, deal with the personal fall out (SO, job, etc.), and then try to fight it in court. Plus filming tends to get you banned by providers or is an acceptable upcharge if even available or offered.

Feel free to try, but the viewpoint of the cartoon is overly simplistic and written at or well below a high school reading level.

Your level of legal protection is limited and varies by state. Plus, since most stings are video and audio recorded as evidence (as seen in any season of Cops or on "Real Vice Cops" if you can even find that show) you'd think someone would have tried that in court already right? You know use the video as evidence against LE to try to get out of hobby related charges?

Good thought, but it's not going to stop Uncle Leo from charging you for just showing up, because intent alone is enough in some states now. Intent alone may not hold up in court, but intent alone isn't going to keep your ass off the media shame train and all the consequences that come with having your private and personal hobby exposed to the rest of the world.

But I'm no lawyer, UC is about as close as we have since SJ took a sabbatical.

[sketchball82]

Here is a law review article from William and Mary that contemplates the kind of question you are asking. See p. 477 et seq. http://scholarship.law.wm.edu/cgi/vi...context=wmborj

The short answer to your question is this has a good chance of working, but as far as I know it is untested. It may be a high profile, expensive fight. I’ll do a Lexis seach later to try to get a more conclusive and authoritative answer.

@Frank — This is a Federal constitutional issue. In particular, this would be a First Amendment argument, over the Free Speech Clause. As such, state law would be irrelevant. See the Superiority Clause of the US Const. and McCulloch v. Maryland.

But you are right that it probably wont stop the police from arresting OP and turning it into a high profile case.

[xfrankthetankx]

Oh it's totally a Supreme Court worthy case, but it will take a ballsy client to suffer through the media, etc. shame train.

Then, continue to be portrayed negatively in public until you can be cleared (the news stories will never go away though) and probably end up taking it all the way to the Supreme Court at some point.

What hobbyists wants to be on national TV trying to defend this on a daily basis?

Plenty of lawyers will take it on as their private views are much different than the views they can express publicly.

But this will be a high profile case that would get nationwide attention.

Otherwise the statements about law in general above are correct.

[GingerKatt]

Actors in hard core porn films are getting paid to have sex while being filmed. But they are working for a legitimate, licensed movie production company.

I’ve thought about this too, but if the client and provider are getting busy, it’s just the two of them. No director, no script, no cinematographer. And the female “actor” got paid by the male “actor” to have sex on camera. So he not only has to pay his leading lady in the movie; but he’s not even getting paid! I don’t think many porn actors work in those films for free. In the legitimate films, ALL of the actors get paid; by the production company and they make their money by marketing the movie and making DVD’s to sell or rent, or putting it on a paid site online, and they get it put in adult sex oriented stores to sell; like Condoms to Go.

If you just set the laptop to only record just the two of you getting it on, you won’t convince anyone you’re making a movie. They’ll want to see your credentials and your permit. And ask to see her check stub she was paid with, and the guys’ too. They’ll follow the money, and wonder why he’s not getting paid. Before court, they’ll subpoena his bank records and see that he withdrew the exact amount she got paid. They’ll check his computer and find her profile. And check their phones and see the text messages. Plenty of couples make sex tapes, for their own personal viewing. But the guy doesn’t pay his partner. Plus they’ll ask for driver’s licenses and wonder why he doesn’t know her real name.

In short, by checking the computer they’ll know she advertised as an escort and he answered the ad. They’ll ask why an accountant, office worker, contractor, or whatever he is, thinks he’s a professional film maker, with no documents and no crew.

I’ve thought of this too, and have wondered why it’s perfectly legal for them to to get paid to have sex and it’s not legal for anybody who’s not been hired by a film production company! At least in this state. It doesn’t seem right.

I think the safest thing is for men to see ladies in private homes. Hotels are dangerous and LE frequently runs stings on them. But regular people meet to have sex all time, especially with online hook up sites like Ashley Madison, Tinder, OK Cupid, and so on. And most people don’t use their real names! And guys help out friends with money all the time, especially if that friend is “unemployed.” It’s for expenses, not sex of course! Nothing illegal about finding a fuck buddy online. But who’s going to find a way to look in my bedroom? Who would care? I’m not curious or interested in my neighbors visitors or their sex life. But it’s hotel employees job to keep an eye on the guests and know what’s going on, and they notice men who aren’t hotel guests frequently coming and going.

But I thought you could only get arrested if you agree to do a sexual act for money, and actually take the money from the client. It’s always laid on the dresser and it’s for expenses. And a client can be arrested for soliciting an undercover cop; asking if she’ll take 60 for a BJ. That’s why I feel safer in my bedroom in my own home, doors closed and locked. But I still never agree to have sex for money. I thank them for the kind gift, I really needed some help with the cable bill. If we hook up it’s just mutual fun to scratch an itch!

Sorry so long lol! I’ve been thinking about the unfair porn loophole for a while now!

[Dlh]

I like takeing a birthday card the first time... dont know if it would work or not.. but in my mind it sounds good.

[Naughty.Nikki]

Originally Posted by GingerKatt

I think the safest thing is for men to see ladies in private homes. Hotels are dangerous and LE frequently runs stings on them. But regular people meet to have sex all time, especially with online hook up sites like Ashley Madison, Tinder, OK Cupid, and so on. And most people don’t use their real names! And guys help out friends with money all the time, especially if that friend is “unemployed.” It’s for expenses, not sex of course! Nothing illegal about finding a fuck buddy online. But who’s going to find a way to look in my bedroom? Who would care? I’m not curious or interested in my neighbors visitors or their sex life. But it’s hotel employees job to keep an eye on the guests and know what’s going on, and they notice men who aren’t hotel guests frequently coming and going.

But I thought you could only get arrested if you agree to do a sexual act for money, and actually take the money from the client. It’s always laid on the dresser and it’s for expenses. And a client can be arrested for soliciting an undercover cop; asking if she’ll take 60 for a BJ. That’s why I feel safer in my bedroom in my own home, doors closed and locked. But I still never agree to have sex for money. I thank them for the kind gift, I really needed some help with the cable bill. If we hook up it’s just mutual fun to scratch an itch!
!

Most of ur statement is way off but this part is full of bad information. You home is probably the riskiest place. And u can get arrested for prostitution with no witnesses to it, while ur alone in ur house and doing laundry days later the only convo being said was Available around 2 bc they are a regular and already know the rate. They arnt gonna supeona anything during court. They take care of that when they come to arrest you and have a warrant bc they have bee sitting on ur house watching u for weeks. Cash, electronics bank records all gone. Your house is the riskiest place