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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37957
Experience:  Retired (mostly)
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Can i start an adult film business in WI

Customer Question

Can i start an adult film business in WI
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.

Hello,

The only U.S. state jurisdiction in which adult film production (XXX) has been determined by the courts to be lawful, rather than prostitution, is California. The Wisconsin Supreme Court has ruled that hard core pornographic film production can be prosecuted as a crime. Court v. State, 51 Wis. 2d 683, 188 N.W.2d 475 (1971), vacated 413 U.S. 911 (1973), affirmed on remand, 63 Wis. 2d 570, 217 N.W.2d 676 (1974).

Bot***** *****ne, if you want to get into the adult film industry, then there is only one choice: California is the place you want to be.

I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 1 year ago.
What is considered hardcore? If it is just filming a couple that has signed consent..sober...and protected.
Expert:  socrateaser replied 1 year ago.

Wisc. Stat. Section 944.21 provides the precise criminal law. The bot***** *****ne is that a video of persons having sexual intercourse is illegal if the average person in the community would consider the film pornographic. The problem with the law is that as a businessperson, you cannot know in advance whether or not what you have produced is art, which is not subject to prosecution, or porn, which is subject to prosecution.

This is what the district attorney counts on: you don't know where your rights begin and end, so you don't take the risk. The only way to completely avoid the risk is to produce your films in California. But, you can certainly take a chance, and see what happens. I'm just trying to help you avoid all liability.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Hello again,

Do you need further clarification, or do you have what you need?

Thanks again for using Justanswer!