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Thread: How are pornstars not considered prostitutes?

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    AFCM's Avatar
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    Default How are pornstars not considered prostitutes?

    Call me lazy, but I just don't feel like researching the laws regarding porn. Anyways, if a girl or guy is paid to perform sexual acts, that is prostitution, right? Like I mentioned, I don't feel like looking up the elements of the crime, so I know there is more to it than that. But basically, that's prostitution in a nutshell.

    Now, if a woman or man is paid to perform sexual acts in front of a camera, how is that not considered prostitution? How does the camera affect the legality of it all? Does the camera make the act a work of art, thus granting it protection under the First Amendment? Since both parties are paid by producers (in most situations), does that mean there is no "victim", or one who solicits the act from the person being paid (the prostitute)? Does having a certain license grant immunity from the act being considered prostitution?

    Midtowner, you're the law student; can you give an answer?
    ...this shortest straw has been pulled for you

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    Default Re: How are pornstars not considered prostitutes?

    Porn stars are not considered prostitutes because they are NOT prostitutes. They are actors and actresses. They get paid to act.

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    Default Re: How are pornstars not considered prostitutes?

    Midtowner's not here...but I'll take a stab.

    The people in porn movies aren't getting paid by the people receiving the sexual acts, so to me, it isn't the same as prostitution.

    People in regular movies have sex...there have been fairly graphic sex scenes in some regular movies (cough Cold Mountain cough). Are you calling regular non-porn actors and actresses prostitutes, too?

    Also, a lot of what you see in porn is mimicked...yeah, there's some real stuff going on, too. Have you ever watched what's on Cinemax? That's not porn lol. It's people rubbing up against each other simulating sex. I know porns exist out there that have *real* sex in them, but there are those that don't.

    Okay, it's really early and I'm talking about porn.
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    Talking Re: How are pornstars not considered prostitutes?

    Quote Originally Posted by bandnerd View Post
    Okay, it's really early and I'm talking about porn.

    You say that like it's a BAD thing.


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    Default Re: How are pornstars not considered prostitutes?

    Quote Originally Posted by bandnerd View Post
    Midtowner's not here...but I'll take a stab.

    The people in porn movies aren't getting paid by the people receiving the sexual acts, so to me, it isn't the same as prostitution.

    People in regular movies have sex...there have been fairly graphic sex scenes in some regular movies (cough Cold Mountain cough). Are you calling regular non-porn actors and actresses prostitutes, too?

    Also, a lot of what you see in porn is mimicked...yeah, there's some real stuff going on, too. Have you ever watched what's on Cinemax? That's not porn lol. It's people rubbing up against each other simulating sex. I know porns exist out there that have *real* sex in them, but there are those that don't.

    Okay, it's really early and I'm talking about porn.
    I guess just as long as you don't take that topic to work with you today it should be ok bandnerd

    Don't really care how they are classified...I just watch it for the amazing stories and plot twists

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    Default Re: How are pornstars not considered prostitutes?

    oh it's too early, but I can't resist. LOL.

    So, let's say I pay someone to do things to someone else instead of me, and I bring my video camera. Is that porn or prostitution? What legally makes the determination?

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    Default Re: How are pornstars not considered prostitutes?

    Quote Originally Posted by Easy180 View Post
    I guess just as long as you don't take that topic to work with you today it should be ok bandnerd

    Don't really care how they are classified...I just watch it for the amazing stories and plot twists

    I watch it only for the articles.
    Fear leads to anger. Anger leads to hate. Hate leads to suffering. --Master Yoda
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    Default Re: How are pornstars not considered prostitutes?

    Porn stars are not considered prostitutes because they are NOT prostitutes. They are actors and actresses. They get paid to act.
    Do you honestly believe that Prostitutes don't 'act' and 'pretend' to enjoy sex with lewd dirty old men - when they are really, honestly probably pretty disgusted?

    Prostitutes are probably the most talented actresses out there.

    Porn stars having sex for money.. Prostitutes having sex for money.... the only real difference I see is the camera. And possibly the way the exchange of money for service takes place.
    " You've Been Thunder Struck ! "

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    Default Re: How are pornstars not considered prostitutes?

    I hadn't thought of it like that before, but it makes sense. I wonder what the legalities really are behind prostitution and porn?

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    Default Re: How are pornstars not considered prostitutes?

    Quote Originally Posted by Intrepid View Post
    I watch it only for the articles.
    Let's not forget the amazing cinematography and world class music scores.

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    Default Re: How are pornstars not considered prostitutes?

    Well the cinematographers should be up for Oscars as they continually come up with the most unique and difficult angles to shoot from

    It can't be easy

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    Default Re: How are pornstars not considered prostitutes?

    Quote Originally Posted by Easy180 View Post
    Well the cinematographers should be up for Oscars as they continually come up with the most unique and difficult angles to shoot from

    It can't be easy
    Heheheh...

    To address the original question, (I'm no lawyer, but I play one on TV) this looks like a 1st Amendment issue. Pornographers are making films and magazines. Both have a measure of protection, unlike prostitution. I can see how paying for sex is not far removed from paying to watch sex, but there is a distinction.

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    Default Re: How are pornstars not considered prostitutes?

    One of them is a "ART" and the other is just a "JOB". <evilgrin>

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    Default Re: How are pornstars not considered prostitutes?

    Pornographers are making films and magazines. Both have a measure of protection, unlike prostitution.
    I'm not a Lawyer ( I just play one online)

    Here's my plan... give the Pimps a VideoCam.. wallah! Art.
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    Default Re: How are pornstars not considered prostitutes?

    Remember this guy?



    Charges filed against ‘video vigilante


    The man’s attorney says he is a victim of police and prosecutor.

    By Nick Trougakos, Staff Writer



    Brian Bates, the self-proclaimed “video vigilante” who has spent the past nine years videotaping acts of prostitution, was charged Wednesday with three felony counts of pandering.

    Bates, 34, is accused by Oklahoma County District Attorney Wes Lane of conduct “not that far removed from being a pimp.”

    Authorities allege Bates offered to pay a woman $40 to perform sexual acts in a predetermined location and offered $60 for graphic sexual footage.

    “When I first met Brian Bates he was a neighborhood activist making the apparent effort to rid our neighborhoods of prostitution,” Lane said. “Somewhere along the way, Mr. Bates started receiving money for his videos ... and what was once serving the law and citizens evolved into an effort to feed demands of national television.”

    Bates’ attorney, Scott Adams, said his client is the victim of a conspiracy between the district attorney’s office and the Oklahoma City Police Department. Adams said Bates is being targeted because of a 2002 incident in which he filmed police repeatedly hitting a man with metal batons.

    Two police officers were taped hitting Donald Pete as they attempted to arrest him. Both officers were later cleared, but Bates was openly critical of the police response.

    Oklahoma City police Deputy Chief Johnny Kuhlman refuted any connection between the Pete arrest and charges against Bates.

    “Absolutely not,” Kuhlman said when asked if Bates was being retaliated against.

    Lane also denied the allegations, saying authorities have evidence that Bates initiated the activity that has led to charges. The district attorney said he has
    videotape footage that will be key in the state’s case.

    Adams said his client is devastated.

    “He vehemently denies any of the allegations,” the attorney said, telling reporters gathered at his law office that Bates himself would not comment on the case.
    According to court records, the investigation into Bates’ alleged activity began in October, when police were told a prostitute had information about the defendant.
    The prostitute, Renee McCullough, told police about the alleged financial offers and also said Bates told her he would use the videotape footage for his appearances on various television shows, records show.

    Adams said Bates did make a onetime $50 payment to McCullough, but it was done so the woman could get a hotel room to see her children. The attorney said Bates never paid McCullough to perform sex acts.

    McCullough pleaded guilty in August to a misdemeanor count of offering to engage in an act of prostitution and has convictions dating back to 1989 for several drug offenses, according to court records.

    Lane said the district attorney’s office has not considered filing new prostitution charges against McCullough, who is expected to testify if the case advances to trial.

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    Default Re: How are pornstars not considered prostitutes?

    Let's see, we have prostitution, pornography and Brian Bates all in one thread. This has got to be a bat-signal for MrAnderson!

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    Default Re: How are pornstars not considered prostitutes?

    Quote Originally Posted by Tim View Post
    Let's see, we have prostitution, pornography and Brian Bates all in one thread. This has got to be a bat-signal for MrAnderson!

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    Default Re: How are pornstars not considered prostitutes?

    ----"Lane said the district attorney’s office has not considered filing new prostitution charges against McCullough, who is expected to testify if the case advances to trial".-----


    Shazam! All the prostitutes have to do is to ask to be videotaped while doing their 'jobs' and the DA will let them go for FREE!

    Video Tape = Get Out of Jail Free Card.

    Pander: To act as a go-between or liaison in sexual intrigues; function as a procurer and/or To cater to the lower tastes and desires of others or exploit their weaknesses

    Pandering: 1 : the act or crime of recruiting prostitutes or of arranging a situation for another to practice prostitution —compare PIMP
    2 : the act or crime of selling or distributing visual or print media (as magazines) designed to appeal to the recipient's sexual interest

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    Default Re: How are pornstars not considered prostitutes?

    I also imagine there is insurance and testing going on with the porn industry.

    And actually, I did bring up this issue with my newspaper class--they like to be in the know--it actually stumped them. Some of my brightest students were actually silenced They had good points, though nothing that hasn't already been said here.
    Still corrupting young minds

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    Default Re: How are pornstars not considered prostitutes?

    Quote Originally Posted by Easy180 View Post

    Don't really care how they are classified...I just watch it for the amazing stories and plot twists
    Thanks, i lol'd in the middle of class.

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    Default Re: How are pornstars not considered prostitutes?

    Quote Originally Posted by OkieKAS View Post

    Pander: To act as a go-between or liaison in sexual intrigues; function as a procurer and/or To cater to the lower tastes and desires of others or exploit their weaknesses

    Pandering: 1 : the act or crime of recruiting prostitutes or of arranging a situation for another to practice prostitution —compare PIMP
    2 : the act or crime of selling or distributing visual or print media (as magazines) designed to appeal to the recipient's sexual interest

    Exactly! This is where I don't see the difference. I guess maybe you have to get a certain license to run a porn biz or something, but I just don't see how anyone can articulate one being different from the other. If you're being paid to perform a sexual act, why should the camera make any difference? I'm not saying I'm for or against porn or prostitution; I'm just saying I don't see the difference, except the camera. I know there is some sort of legality issue that makes porn different somehow, but I was just wondering what it was. The only thing I can think of is the act being protected as "art" under the First Amendment. Then I think to myself, "What's to stop some John from filming everything to justify his actions, which would otherwise be considered illegal"?

    If paying two people to "do it" on the streets is considering pandering, what does that make the producer? Hmmm.
    ...this shortest straw has been pulled for you

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    Default Re: How are pornstars not considered prostitutes?

    I was astounded by these Videos taken in OKC! Despite what the charges are against Bates, these "pictures speak louder than words". Detestible! Even public Oklahoma officials caught on tape! No wonder Bates is citing retaliation!

    Video Vigilante

    Brian Bates Videos on UTUBE

    YouTube - Broadcast Yourself.

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    Default Re: How are pornstars not considered prostitutes?

    Legally I think a couple of the distictions may be along the lines of public decency laws as well as having a filming permit at the times and locations of the actual "acts".

    And good luck getting a film permit for a pornographic movie in a state where you can't even BUY real porn.

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    Default Re: How are pornstars not considered prostitutes?

    Quote Originally Posted by Oh GAWD the Smell! View Post
    Legally I think a couple of the distictions may be along the lines of public decency laws as well as having a filming permit at the times and locations of the actual "acts".

    And good luck getting a film permit for a pornographic movie in a state where you can't even BUY real porn.
    Actually, your last comment is not accurate. First, "porn" is in the eye of the beholder. Second. Yoiu CAN buy "hardcore" in Oklahoma. All of the magazines with DVD's contain "hardcore." In fact, many of the magazines themselves have "hardcore" pictures.

    Now. Before you decide to start the customary bash Mr. Anderson... Until recently (I have decided it is not worth revealing why it is recently, so do not go there) I was a magazine distrubutor.

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    Default Re: How are pornstars not considered prostitutes?

    Well, I have to admit that I've not actually bought porn in probably 10 or 15 years, so I can't dispute that with anything other than hearsay. But as far as I know, the laws haven't changed, and when you go into an adult store in Oklahoma, the best you can hope for is "cable cut" versions of XXX movies.

    Not that I'm overly concerned about it. It's porn...NOT a principal preoccupation in my life.

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