Something to Think About

[BigGreen]

This little scenario is emblematic of the meanderings that led me to choose law school as a path which I think will begin to lead me in the right direction and I thought it would make for a safe and interesting topic of debate without stepping on anyone's toes.

Basically, given our formal legal system and our somewhat more informal moral code that informs it, how in the hell do we reconcile the illegality of prostitution but the legality of pornography? The acts are essentially the same (sex with a monetary transaction as the impetus) though common sense would seem to indicate that if either were to be outlawed or condemned, the one with an addition - that addition being the camera in the case of pornography - would be the one more *likely* to fall into disfavor under the law. Yet, this is not the case and it is the act *with* additional aspects and considerations that is largely legal.

Now, if I were to pick up a hooker in some city, but have a video camera as well as the necessary paperwork which would document her majority age status, is this form of prositution legal as I now intend to make it a film? Where and how does the law draw that distinction? Where and how do our members draw that distinction and where does our culture draw that distinction? And, more importantly, why does this distinction exist? This usually sparks some intersting convo....let's see.

[Devourer]

makes me wonder what exactly is required to distinguish between prostitution and pornography.

[Da Bull]

Good to see you Big G....This is a very interesting topic.In both cases the women are paid for sex,but one is illegal.Honestly I have no idea how are justice system handled this law allowing porn legal and prostitution illegal.I do think nowadays the porn industry is more careful of disease and most of the stars get tested on a regular basis,and you see movies with the use of condoms now also.With a hooker there is a large chance for disease.This still doesn't make things any different though.....so in conclusion,I have no solid answer for you.

[mass junkie]

I dont know bro....but Ill try that tonight and let you know

[BigGreen]

I do think nowadays the porn industry is more careful of disease and most of the stars get tested on a regular basis,and you see movies with the use of condoms now also.With a hooker there is a large chance for disease.

I do think this goes a long way towards *presently* explaining this phenomenon, as the porn industry, both in terms of its age requirements, and, as you mention, at least minor eye towards health concerns, is more heavily regulated than prostitution. However, I can only imagine the outcry if some group began lobbying for widespread legalized prostitution under the condtions of heavy regulation and testing (akin to "the ranch" approach).

I guess the discrepancy in codifying all this as law is interesting to me, but it's the cultural distinctions we as a country collectively make that really intrigues me.

[Tock]

Porn, I think, is protected by the 1st Amendment (freedom of speech), while prostitution is mere commerce, which can be regulated by city, state, and federal gov't.

What's curious about porn is how sexually explicit photographs of under-age models are illegal, but if you can reproduce the identical image using a computer, it's legal (because it's not an authentic photograph no actual people were involved, and works of fiction generated by computer programs are protected by the 1st Amendment).

Curious.
--Tock

[Dude-Man]

If you have age verification documents, you can get a whore.

[Mr. Death]

It has a lot to do with community standards and city ordinances. The laws regarding pornography and prostitution obviously aren't universal in the U.S. Many cities in the U.S. have ordinances that ban pornographic material, but they are rarely inforced due to the difficulty in establishing a set definition for pornography. I would assume that many communities do feel that prostitution and pornography are one in the same.