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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  20 years of experience practicing law.
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I am staring an intimate videography and photography service

Customer Question

I am staring an intimate videography and photography service in the Dallas Tx Area. My question is are there any criminal laws preventing my film crew from video taping consenting adults having sex. And then producing them a "private use only DVD".
Submitted: 9 months ago.
Category: Legal
Expert:  Sam replied 9 months ago.
Hello

My name is XXXXX XXXXX I look forward to discussing this and providing you with information in this regard.

It is possible that you could be in violation of Texas Penal Code 43.23 and the definitions are provided in 42.21 and you can read it at that link. In part it states the following:

Sec. 43.23. OBSCENITY.

(a) A person commits an offense if, knowing its content and character, he wholesale promotes or possesses with intent to wholesale promote any obscene material or obscene device.

(b) Except as provided by Subsection (h), an offense under Subsection (a) is a state jail felony.

(c) A person commits an offense if, knowing its content and character, he:

(1) promotes or possesses with intent to promote any obscene material or obscene device; or

(2) produces, presents, or directs an obscene performance or participates in a portion thereof that is obscene or that contributes to its obscenity.

(d) Except as provided by Subsection (h), an offense under Subsection (c) is a Class A misdemeanor.

(e) A person who promotes or wholesale promotes obscene material or an obscene device or possesses the same with intent to promote or wholesale promote it in the course of his business is presumed to do so with knowledge of its content and character.

(f) A person who possesses six or more obscene devices or identical or similar obscene articles is presumed to possess them with intent to promote the same.

(g) It is an affirmative defense to prosecution under this section that the person who possesses or promotes material or a device proscribed by this section does so for a bona fide medical, psychiatric, judicial, legislative, or law enforcement purpose.


I hope that this information is helpful. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated

Customer: replied 9 months ago.

So I was hoping for a more clear answer. What we are providing is a service. There will be one master copy of the footage that will be given to the client for private use only. How can we do this legally in tx? are we limited to what acts we can film? or is it just not legal?

Expert:  Sam replied 9 months ago.

Hello

Well, I cannot really be more clear than the law. It is just not legal as per the law that I provided from the Texas Code. I am sorry. I don't write the laws. I only provide them

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