Dream on, Ricco. Admitting that doing porn is essentially the same morally to hooking on the street (which I personally don’t see anything wrong with) doesn’t mean she actually takes clients as a prostitute other than a scene on a porn set. Maybe you can make a porn movie and get to fuck her that way, I understand you can make one for about $10K. You just have to fuck five other chicks as well to complete the movie. After that you actually have to release the movie and sell it in adult video sellers and on adult video seller websites or it is considered prostitution. Maybe you can get Maitresse Madeline to let you fuck her on video as well but be prepared for one hell of a wild ride!

I agree with Jilted and Rawalex that intent is key, if the cops decided they care about this. More or less they don’t. There are grey areas. A friend of mine is a successful television writer in Hollywood. He has a joke that you can get into any random cab at LAX or ask any waiter, how’s it going? and they’ll respond, “Well, I’m having a little trouble with character motivation in the third act.” His point is that everyone calls themselves a writer in LA (or actor or musician), even if they’ve never sold a thing. From a First Amendment standpoint, the courts have struggled with the same issue around who is a reporter in the age of the Internet? Pretty much every blogger with a keyboard and a notebook can call themselves a journalist since there’s no licensing board or regulatory agency, like there is for, say, accountants, and we believe in a free press and a vigorous debate. In theory, any schmuck with video capability on his iPhone is a potential film maker. Heck, Steven Spielberg got his start in his backyard in Columbus, Ohio, with his Dad’s 8mm video camera. Who am I to say the guy in the hotel room isn’t the next Alex Braun.

But …. did the guy ask for a model release. Has he formed a business. Does he even have a business card or a letter head. Did he post the video in a commercial way. Has he done this before and posted the video. Has he ever told any of his neighbors, family or friends that he wants to be a pornographer. With a Richard Nanula, who was in the entertainment, it may be a grey area. But, if I’m some guy on a business trip in LA, away from the prying eyes of family, neighbors, and friends, who wants to video tape my encounter with some strange, and I don’t want anyone to know about it, that’s prostitution. Calling it art doesn’t change the nature of the transaction. At least I don’t think it does.

Well, I guess then you would also have to look at whether the person receiving the money for “services rendered” was claiming that as income as well…. but, that wouldn’t really reflect on the business who was hiring said performer.

Like Mike said, if you’re willing to file tax returns and pay taxes on the income received from the shooting then it should be considered a “legal” business.

If you pay someone $500 to have sex with you and you generate no income off that $500 “investment” then it would be considered “prostitution.”

Actually, I could probably determine it just by looking at their accounting methods…..

I have never took a AIM and or other Industry adult test and they trust me. They are all whores and skanks anyway. I am like a billy goat in a briar patch smiling when I get to have unprotected sex with these stupid ass bitches. My wife Gabriella pussy stinks like cottage cheese that is spoil anyway. I love my Bi sexual partner, Sean. Money is nothing to these bitches.

As Jilted said, intent is a key in many criminal cases. In these cases, it likely wouldn’t be too hard to figure it out:

Is this an adult business hiring, or is it the guy directly? Is he paying cash, or a check? Does he operate an adult business, have connections to an adult content business, or have sold other content videos in the past? Is he alone in the room with a single camera on a tripod, no lights, no sound, or is there a production here?

There are a lot of things you can look at. Moreover, for an agency, the police could very easily make it clear that they aren’t really filming, whatever, and see if the agency still sends the girl. If they do, well…

Intent.

Intent, or motive, is ALWAYS a key factor in prosecutions. And many laws, for example, hate laws. are built soley around intent.

Im actually with ya Charity intent is a tough thing to prove as it should be, I personally think (through confabs with my attorney) that its a combo of things….take me…I have had a business here for 20+ years, its files tax returns, has a taxid number, has insurance yada yada. I have a web and a dvd presence i have won awards, I have model releases. i think all of that adds up to the requisite reasonable doubt.

On the other hand If I had no company, no website, no recognition in my industry, its going to be a tough sell to a jury that it isnt prostitution.

BUT…I had to start someplace…I started with a Taxpayer ID, a business license, a business checking account and last but NOT LEAST…an attorney, to whom I paid a great deal of money….And I did what he told me to do.

In the end i think it really comes down to that