Is it illegal....

[PTH]

Is it illegal to create a foreign website that let users post their places of entertainment that they like ( including prostitution locations )

The server will be based in the United States

 

[BostonDomainer]

If the server is U.S based then yes... it would have to be in a local where prostitution is legal.

 

[jberryhill]

It is perfectly legal to talk about prostitution in the United States.

It is not legal to engage in prostitution in most of the United States, or to solicit prostitution.

But talking about it is fine.

 

[cursal]

In the US, if I am correct, as long as you you film your time with a prostitute and show during the film that someone (could be you) are "directing", it can be called pornography.....and that is legal.

 

[simon]

Is it illegal to create a foreign website that let users post their places of entertainment that they like ( including prostitution locations )

The server will be based in the United States

It is perfectly legal to talk about prostitution in the United States.

It is not legal to engage in prostitution in most of the United States, or to solicit prostitution.

But talking about it is fine.

so you know who to hire if you get in problem

 

[jberryhill]

In the US, if I am correct, as long as you you film your time with a prostitute and show during the film that someone (could be you) are "directing", it can be called pornography.....and that is legal.

There's a fine line there.

I had a New Jersey state prosecutor as a trial practice instructor who tried to prosecute a case claiming that a pornographic film production was a prostitution front. The court decided that what was going on was apparently "acting" and protected under the First Amendment.

You might find this article informative:

http://www.cnn.com/2005/LAW/08/12/colb.pornography/index.html

If you are considering making a pornographic film, then I would not suggest you be a performer in it. If, in essence, one of the performers is paying one of the other performers, then it seems more likely that there is prostitution, rather than film production, going on.

I'm sure Marco will love this one.

 

[marcorandazza]

Cursal,

You don't have it 100% right. If you are paying someone to be in an adult film, and you are legitimately "directing" the film, then it is either a) not prostitution (depending on the language of the relevant prostitution statute) or b) it might be, but there would be a First Amendment exception for the conduct.

However, you can't simply set up a camera and film your escapades as a pretext.

I get this question a lot in my practice, as I do a lot of adult entertainment law, so I did a blog post on it. http://randazza.wordpress.com/2008/03/18/why-is-prostitution-illegal-but-pornography-is-not/

For the latest in this area of law, there was a New Hampshire case a week or so ago that reaffirmed the Free Speech principle, while reinforcing the fact that you can't just bring a camera along during a crime and call it "art." http://randazza.wordpress.com/2008/12/10/porn-production-protected-in-the-live-free-or-die-state/

 

[jberryhill]

I do a lot of adult entertainment

No doubt.

How about the "prostitution information" site?

 

[marcorandazza]

With respect to the original question,

Is it illegal to create a foreign website that let users post their places of entertainment that they like ( including prostitution locations )

John is right in one regard -- that it is legal to talk about prostitution in the US (at least it is now). However, prosecutors often don't give a shit what the First Amendment says -- they want to satisfy their superiors, further their career, please their pastor, or simply don't believe in their oath of office. Do a Google search for "Mary Beth Buchanan" for a prime example.

If you are posting a website with links to prostitution or gambling related activities, you are walking on dangerous ground. I'm sure that everyone is aware of the Kentucky gambling domains fiasco -- at least one of the websites in question was doing nothing more than providing a link to other websites. In Pennsylvania (under Ms. Buchanan's authoritah) people have been prosecuted (and convicted) for a) writing about sex acts without actually performing any of the acts (defendant pled out because she was agoraphobic and the plea deal was for house arrest), b) selling "water pipes" (Tommy Chong), and c) selling the "whizzinator" (look it up).

So, the short (and correct) answer is that we still have a Bill of Rights in the United States, so what you propose should be protected by the First Amendment (and you might be immunized under 47 U.S.C. s 230). The more complex answer is that you could find yourself hauled before some nut-job psycho-religious unethical piece of shit prosecutor who doesn't care what the Constitution says -- and you'll find yourself making some difficult choices.

Before you venture into such a foray, get some help from an attorney who specializes in this kind of thing.

 

[jberryhill]

some nut-job psycho-religious unethical piece of shit prosecutor

Folks, do understand that the law has its own vocabulary of precise technical terms which might differ from their casual meaning.

 

[marcorandazza]

 

[cursal]

Thanks for both of those links John and Marco. :thumb:

This topic is often bantered around and it's nice to have some footing on the topic. It really is fascinating how the arguments are framed for judgment.

 

[jberryhill]

Anyhow, back to the original question....

Is it illegal to create a foreign website that let users post their places of
entertainment that they like ( including prostitution locations

One such website, worldsexguide.com, has a link to a law firm on its front page.

I don't know if that link counts as gambling or prostitution. Maybe both.

 

[south]

Anyhow, back to the original question....



One such website, worldsexguide.com, has a link to a law firm on its front page.

I don't know if that link counts as gambling or prostitution. Maybe both.

ound: