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What are the bounds that separate legal private adult entertainment from illegal sex trade such as prostitution?

Asked about 3 years ago - Anaheim, CA

I would like to start a legitimate, independent adult entertainment service, similar to that of an exotic dancer for bachelor parties or an escort who does private "shows." Most of the information I find on the subject pertains to media / pornography laws, in which all participants are essentially actors, or prostitution using legal loopholes which twist the letter of the law.

I just want a basic run-down of the legal boundaries that separate legal private shows from prostitution to take into consideration when putting together a business model to discuss and fine-tune with a lawyer: how close can a dancer / model / escort get? What kind of touching is or isn't allowed, and where? Basically, what could I put on a straight-forward description of services with prices clearly stated, and are there any concerns that I simply haven't taken into account for the planning process?

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Attorney answers (2)

Gary D Sparks

Reputation Level 11

Answered about 3 years ago. Family Law Attorney in Walnut Creek, CA.

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The legal boundaries of what is legal or illegal, decent or obscene vary from community to community. Not only are there state statutes, but you have to deal with county and city ordinances as well. The test used by the Courts to determine whether you have committed a crime or not can often come down to the prevailing moral standard in the community in which you are located.

If you're serious about starting this kind of a business, you need to consult with an attorney in your community, or at least one who is familiar with your community. You need to do this in person, in private, where your conversations are protected under the attorney-client privilege and not wide-open to the rest of the world over the Internet. And preferably, with an attorney who has worked in this industry before and successfully represented other adult-oriented businesses.

Good luck.

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Oscar Michelen

Reputation Level 15

Answered about 3 years ago. Commercial Real Estate Attorney in New York, NY.

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While your question seems like basic one, it actually touches upon several different subjects that often come up in this area. Various local and state ordinances often limit the type of advertsing and language that can be used by adult services and of course different states have different laws about prostitution. The main concern in this type of business is that you are sending contractors to people's home for "private shows" and then they may on their own decide to "add services" which are illegal. As with most business start-ups you need to retain counsel at the beginning to help you establish guidelines and protocol to reduce your risk. Having helped several adult entertainment businesses start up, including website content, etc., I would be glad to discuss this in a free consultation

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