Get Legal Or Get Busted! Porn is legal, Obscenity is not!

This is an article I had originally written in 2008. Boy how times have changed. Well sort of. It’s interesting to look back on the troubles we faced in the industry more than a decade ago.

Making money in the adult business legally is easy yet rarely do people actually make the effort to find out what is or is not going to land them in jail. With an election year coming around now is the time to put some serious thought and effort into cleaning up your act. So what is legal porn? Well, it varies from state to state, and not being a lawyer, I couldn’t tell you exactly what you can do in YOUR state but I can help you out with the federal stuff and that is what most state laws are based on.

When they judge porn they ask themself if there is any socially redeeming value for it. In other words, is it porn for the sake of porn or is it “couple friendly” and this is judged differently based on where you live. What may be acceptable in one area of the country may be horribly offensive in another – especially down south in the bible belt. Here is the infamous Cambria list of naughty no-no’s.

• no shots with the appearance of pain or degradation
• no facials (bodyshots are ok if shot is not nasty
• no bukakke (ie: 10 guys coming on one girl)
• no spitting or saliva mouth to mouth
• no food used as sex objects
• no peeing unless in a natural setting (field, roadside)
• no coffins
• no blindfolds
• no wax dripping
• no two dicks in/near one mouth
• no shots of stretching pussy
• no fisting
• no squirting
• no bondage or bondage type toys or gear unless very light
• no girls sharing same dildo (in mouth or pussy)
• toys are okay if shot is not nasty
• no hands from 2 different people fingering same girl
• no male/male penetration
• no transsexuals
• no bi-sex
• no degrading dialogue (suck this cock bitch)
• no slapping her face with penis
• no menstruation topics (women on the rag)
• no incest topics
• no forced sex, rape themes, etc.
• no black men, white women themes

Some of the things on this list are more serious than others such as forced sex/rape – even simulated. That is probably more likely to be pursued than say two people fingering the same girl. The truth is, it’s expensive to prosecute someone and although there is always a chance they will go after you, common sense tells you it is more likely they will only go after the more hardcore offenders to prove a point and scare the rest of us.

So what does all of that mean to you?

Before the days of Bill Clinton, there was a thing called “The Miller Test”. It is a very conservative ruling by the courts that basically told what was and wasn’t illegal or actually “obscene”. The Miller test is based on specific court cases which are Miller v. California (1973), Smith v. United States (1977) and Pope v. Illinois (1987). The test is as follows:

Whether the average person, applying contemporary adult community standards, would find that the work, taken as a whole, appeals to the prurient interest (i.e., an erotic, lascivious, abnormal, unhealthy, degrading, shameful, or morbid interest in nudity, sex, or excretion); AND Whether the average person, applying contemporary adult community standards, would find that the work depicts or describes, in a patently offensive way, sexual conduct (i.e.: ultimate sexual acts, normal or perverted, actual or simulated; masturbation; excretory functions; lewd exhibition of the genitals; or sadomasochistic sexual abuse); AND Whether a reasonable person would find that the work, taken as a whole, lacks serious literary, artistic, political, or scientific value.

Notice the part that says “patently offensive“. That is the part that a jury can use to decide if what they are looking at is offensive to them and the community they are part of. If a jury finds the material they are viewing OBSCENE then that material is in violation of the law. So the question is, what is OBSCENE, and what is not? Again that depends on where you live BUT normally (historically that is) if

has no storyline

has no socially redeeming value

or effects somebody in a way that it would not normally affect them

It would be considered OBSCENE by a jury (based on the Miller test). Therefore in violation of the law, since obscenity is against the law. That is the point. You should avoid what is OBSCENE or what may easily be deemed obscene. I have also read another three-prong test which is basically the same as above with just a few tiny differences. That test is

An item must be prurient in nature
A thing must be completely devoid of scientific, political, educational, or social value
A thing must violate the local community standards

So to avoid POTENTIAL prosecution you should avoid topics that a jury could easily find obscene. Not saying it is a 100% fact they will find it obscene but that they COULD find it obscene. After reading the list you might get a little frustrated. Especially if your site goes after those niche markets, like fetish or interracial sex. Yes, they are big money-making markets but history shows these are issues that are easily prosecutable or moreover easily winnable if they do prosecute you.

Here are two movie box covers – the first is from a video company called Vivid Video and the second one is from BangBros. Both feature equally hardcore sex – but one of the two is way more likely to grab the attention of federal prosecutors. Which one do you think it is?

So now the big question, what do to if you do feature some of the items found on the infamous Cambria list of naughty no-no’s? You could choose to do nothing and hope the government never comes knocking on your door or you could take action and go after a more “couple friendly” market. Yes to some that may sound boring but that is the reality we must all face at this time. If you don’t like it, remember you can take a stand and team up with people like the Free Speech Coalition and help protect your right and the rights of consenting adults to view what they want to view as adults (minus child porn, rape, and bestiality).

I know that everyone thinks “squirting” is great but Visa and Mastercard don’t agree and more often than not they consider it urination and that’s a violation of their rules.  There is actually a whole list of banned words. If you look at the list of banned words, you’ll be able to determine what kind of content you shouldn’t be posting.

Rape, Raped, Rapable, R-a-p-e, Rapeable, Raper, Rapes, Raping, Rapist, Reipu, Rpae, Force, Forceable, Forceful, forcefully, Forcer, Forces, Forcible, Forcing, Forcingly, Forced, Piss, Pissing, Pee, Peeing, Defication, Pedo, Peto, Pre-teen, Pedophile, Child like, Childhood, Childlike, Children, Infancy, Infant, Infant like, Infanthood, Infantlike, Infants, Minor, Paedophile, Paedophilia, Paedophiliac, Pedofile, Pedophiliac, Peta, Petafile, Petaphile, Preteen, Seventeen, Sixteen, Under age, Under aged, Under-age, Underaged, Young teen, Young teens, lolicon, 6teen, 7teen, Incest, Incestuous, Incestus, Brother, Dad, Daddies, Daddy, Daughter, Father, Sister, Son, Law enforcement, Mama, Mammi, Mammy, Mom, Mother, Animal, Bestiality, Underage, Child, Kid, Kids, Lolita, Zoo, Scat, Jail bait, Young+Teen, Tied, Hammered, Chains, Crime, Abduct, Abducted, Abduction, Asleep, Sleep, Sleeping, Sleeps, Slept, Nap, Dream, Kidnap, Kidnaped, Kidnaper, Kidnaping, Kidnapped, Kidnapping, Murder, Murdered, Murderer, Murdering, Murders, Violate, Violated, Violates, Violating, Violation, Violence, Violent, Asphyxia, Asphyxiate, Asphyxiated, Asphyxiates, Asphyxiating, Asphyxiation, Gagged, Tentacles, Tenicles, Tentacle, Tenticles, Alien, Animals, Barn, Beast, Farm, Monster, Illegal, Counterfeit, Pharm, Pharmacy, Prescription, Family, Poo, Hate, Loaded, Puke, Puked, Pukes, Puking, Vomit, Vomited, Vomiting, Vomits, Wake, Gamble, Gambling, Escort, Golden showers, Urine, Watersports, Gun, Knife, Sword, Hypno, Hypnosis, Hypnotised, Hypnotism, Hypnotize, Hypnotized, Hypnotizes, Hypnotizing, Pass out, Passed out, Passing out, Sedate, Sedated, Sedately, Sedateness, Sedates, Sedating, Sedation, Unconscious, Unconsciousness, Unwilling, Unwillingly, Unwillingness, Incest, Molest, Molestation, Molested, Molester, Molesting, Molests, Celebrity, Enema, Blood, Bled, Bleed, Bleeding, Bleeds, Chloroformed, Chloroform, Chloro, Chloroformic, Chloroforming, Chloroformism, Chloroforms, Brutality, Brutal, Brutalisation, Brutalization, Brutalize, Brutalized, Brutalizes, Brutalizing, Brutally, Mutilation, Mutilating, Mutilator, Mutilate, Mutilated, Mutilates, Scatophilia, Tipsy, Drink, Beer, Drunk, Drunken, Drunkenly, Drunkenness, Liqor, Liquor, Vodka, Wasted, Drug, Drugs, Drugged, Drugging, Intoxicate, Intoxicated, Intoxicating, Intoxication, Incapacitated, Pedophilia, Necrophilia, Bestiality, Zoophile, Zoophilic, Torture, Spank, Spanking, Suffocate, Gangbang.

Other things banned include public nudity. This means no more shooting scenes outside, even if in your own backyard. Another thing to be careful of is blood – real or fake. Seriously don’t have blood in any of your scenes – no blood of any kind.

Please listen to me when I say, don’t post “obscene” content. There is a difference between porn and obscenity. It’s important that you know the difference. And legally speaking, it’s YOUR responsibility to know what is and isn’t legal. As the saying goes, ignorance of the law is no excuse.

About The Author

Kelli

Kelli Roberts is a webmaster, author and AVN nominated producer who has worked in the adult industry since 1996. She runs several sites including Klub Kelli a site dedicated to lots of naughty naked fun. Want to be an OnlyFans super star? Let me show you how!

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