[ARCHIVED THREAD] - Is Pornography Prostitution? (Page 1 of 2)
Posted: 4/10/2007 6:44:56 PM EDT
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I was thinking about this. If I was to hire two people to have sex in front of me, while I masturbated, that would be prostitution and illegal. If I videotape it, and sell it for people to masturbate to, it is pornography and legal. The way I see it, money is changing hands for sex, therefore the two are one and the same. Logically, both should share the same legal status. |
What if I pay to watch someone else masterbate....on video. Or off video. Are fetish films with no nudity or penetration considered porn? 
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It's prostitution regardless of wether the person paying is having sex with the people he is paying to have sex or not. Now if he is paying people to perform and act like they are having sex as part of a movie then no. It is protected under the first ammendment. Same thing if you hire an actress to perform in a movie with yourself. Perfectly legal. I've said it before and I'll say it again: Amazing how many people here will so fervently stand up for their 2nd amendment rights and then will turn around and support suppressing the rest of them. |
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I guess it would depend on how you define prostitution. Is it a monetary transaction on a personal level, as in 2 people on the street? Or just money for sex in general, as in I paid for a magazine in which there are pictures of 2 other people having sex? If the latter is the case, then I suppose even "free" internet pron is prostitution since someone is paying the woman for sex, just not me. I don't consider it prostitution unless there is a personal transaction between 2 people. Although in theory I see your point. And I refuse to beleive me looking at internet pron is "hiring a hooker". |
Most blue laws will describe porn as any material "appealing to prurient interests", meaning if it's intended to give someone a woody, then it's porn. There was a federal case in Utah recently where two guys got arrested for their website showing pics of underage girls in bikinis and swimsuits. Even though there was no nudity they got convicted for kiddie porn because the girls were all doing suggestive poses. |
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Laws vary from state to state. Florida laws don't make it illegal for someone to pay for another person to masturbate or watch them masturbate. As long as there is no sexual contact between the two people and it's all just watching, it's not illegal. Nor is it illegal for you to pay to watch others have sex or pay for them to watch you have sex with someone that you're NOT paying. No sexual contact between the people who exchange money. That pretty much sums it up in Florida. I disagree with most laws against prostitution. If I ran the zoo, only the streetwalking side of the business would still be illegal. Outcall, incall, and brothel activity would be legal, but taxed and regulated and with stringent requirements concerning the health and safety of the workers and the public. Frequent testing for STDs and drugs would be mandatory for all the workers. Those records would be available for public inspection but the inspectable copies would not have the right names of the workers on them. Just an identification number that is referenced in private copies. I can't see why it's such a bad thing to give another person an orgasm, even if money does change hands to make it happen. How is that really any different from a regular date where you pick up the tab? Except that that's STILL no guarantee you're getting any! CJ |
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Legally, the answer to the question posed by the thread title is "depends on the state". California for example wrote a law to exempt porn production from prostitution statutes after some prosecutions (in the 70's IIRC). I would suspect that many or most states would be able to sustain prosecutions under prostitution statutes. Morally/ethically, I would say "yes". |
Is there really a difference in what you describe and dating/marriage? 
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I suppose so since I've never given cash (or services) for a date or a bride. |
The Bible makes a clear distinction between 'drinking alcohol' and 'being/getting drunk'... |
The counties in Nevada where prostitution is legal only allows it in licensed brothels. Streetwalkers are not allowed. However, due to the AIDS problems in Australia, prostitution was legalized with the following restrictions: - You either have to work in a licensed brothel, or - You can be a "sole proprieter". No pimps running stables of 'hos. In both cases, sex workers must be tested for STDs at least every 30 days, and of course, must file and pay taxes on their income. This has resulted in a drastic reduction in streetwalkers, violence against prostitutes, and STD transmissions in Australia. Much like CCWs didn't lead to "blood in the streets" and "shootouts on every corner", legalizing prostitution has significantly REDUCED prostitution-related problems. Once again we learn that the PROHIBITION ENFORCEMENT itself was WORSE than the "problem" that was intended to be eliminated. If only we can apply that same lesson elsewhere... -Troy |
Most likely you are like me in that we didn't directly/explicitly do such a thing for a date. But indirectly/implicitly...? At some point I think we almost all indirectly pay for it. 
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In 1988, an L.A. prosecutor decided to bust a porn company using prostitution laws. The People vs. Freeman eventually wound up in the California Supreme Court, which ruled that prostitution laws did not apply to commercial pornography productions, at least, not in the PRK. But in order to have any REAL protection, you'd probably need to have some evidence that you were in business to create and distribute your works. And you'd definitely need to have all of your 18 U.S.C. 2257 documentation in order. Some random dude paying some chick for sex isn't going to be protected, with or without a camera, without some additional documentation. -Troy |
About that free internet porn that several have mentioned. Be sure and use protection
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