1. This site uses cookies. By continuing to use this site, you are agreeing to our use of cookies. Learn More.

Where do I have to draw the line?

Discussion in 'Business & Tax Advice' started by rforster510, Jul 8, 2010.

  1. rforster510

    rforster510 Registered Member

    Joined:
    Jun 16, 2010
    Messages:
    67
    Likes Received:
    10
    I'm very sorry if this is in the wrong forum, my question is in a sort of grey area (more legal question than anything else, but it has to do with a business) so I chose this section to put it (if an admin thinks this is the wrong section, please move or delete this thread).

    So lately I've been heavily thinking about creating a Fiverr clone for adult material ($5 for nude pictures, $10 for strip tease etc.) and was wondering where the line has to be drawn as to not break any prostitution laws. If I can get this website up and running and have it perfectly legal, it can be a gold mine; I just want to avoid any lawsuits.

    I live in California and "California Penal Code §647(b) punishes those who solicit, agree to participate or actually do participate in prostitution. Prostitution is defined as any 'lewd act between persons for money or other consideration.'" It kinda seems like even cam sites should be illegal then...

    Please inform me if you have any thoughts, know of anyone that already has a similar site, or want to flame me for not posting in the correct forum.
     
  2. GreyWolf

    GreyWolf Executive VIP Jr. VIP

    Joined:
    Aug 17, 2009
    Messages:
    1,930
    Likes Received:
    5,439
    Gender:
    Male
    Occupation:
    Artist / Craftsman
    Location:
    sitting at my PC
    Well California is also like one of the porn producing capitals of the world. LOL. Producing porn is definately seen as a different type of business than prostitution in California.

    The main thing you need to do is comply with 18 U.S.C. 2257 Record-Keeping Requirements, and include a statement conforming to the requirements of the statute on you're website. The main purpose of the statute is to make sure that everyone involved is of legal age and to ensure that you're verifying the fact and keeping records to prove it.

    edit - Also you really have to take that seriously. However you can do it, you need to make sure that your models and actresses aren't minors with fake IDs. A few years back (I guess it's been about 20 years now, damn time flies. LOL) the porn industry was about turned upside down when it was discovered one of the biggest names in porn in the mid to late 1980s, Tracy Lords, was actually a minor using a fake ID during her career. It instantly turned all the films she had done over the years into kiddie porn, and a lot of big producers had to work hard to stay out of jail over it.

    Tracy Lords really was hot though. She went into main stream acting after the whole fiasco, but it's a shame cause she looked even hotter after she actually was old enough. I bet once she actually was legal she could have made some super hot porn.
    I really LOVE redheads. :cool: LOL
     
    Last edited: Jul 8, 2010
  3. rforster510

    rforster510 Registered Member

    Joined:
    Jun 16, 2010
    Messages:
    67
    Likes Received:
    10
    The thing is, this website wouldn't really be porn. It's just adults selling to other adults whatever they want (cyber sex, used underwear, whatever the hell people will pay for). It will be an exact copy of fiverr, just with better, more profitable, more in demand content. I'm just not sure if prostitution can reach the internet (because paying for cyber sex sure seems like paying for a lewd act) and how much identification I should require from buyers and/or sellers.

    edit: Traci Lords is damn hot.
     
    Last edited: Jul 8, 2010
  4. rforster510

    rforster510 Registered Member

    Joined:
    Jun 16, 2010
    Messages:
    67
    Likes Received:
    10
    Sorry for double posting, but does anyone else have anything to say? I really wanna get this up and running so I can be the first in this "niche".
     
  5. GreyWolf

    GreyWolf Executive VIP Jr. VIP

    Joined:
    Aug 17, 2009
    Messages:
    1,930
    Likes Received:
    5,439
    Gender:
    Male
    Occupation:
    Artist / Craftsman
    Location:
    sitting at my PC
    I think the main legal problem you could get into would be if it started to look too much like a haven for actual prostitution. You know kinda like what started happening with CL. Or worse if any kiddy pervs start using it as a connection site for their illegal shit. As a forum you can get some protection by using disclaimers such as the one they use here on bhw such as "we can't be responsible for everything posted here", but if it becomes so pervasive that it can be claimed your actually promoting illegal activities then your disclaimer doesn't matter.

    Other than that as long as you can mod the site enough to make sure it's main purpose is what you just described, then their shouldn't be too much problem. Nothing that you described as your targeted nich is illegal, so just moderated it enough to keep it that way and you should be ok.
     
  6. fear91

    fear91 Regular Member

    Joined:
    Dec 14, 2007
    Messages:
    366
    Likes Received:
    88
    Bad things can happen if some kid decides to earn by your site... Very bad things...
     
  7. Wikolia

    Wikolia Junior Member

    Joined:
    Sep 26, 2008
    Messages:
    130
    Likes Received:
    38
    Location:
    Dark side of the moon
    Actually this is a great idea (if you want to get into this kind of industry). It could well be a great hit!

    I wouldnt be worried about prostitution as that has nothing to do with it, as long as they arent meeting up etc - the type of things I think would be on there wouldnt be classed as that at all (or are all porn stars 'legally' classed as prostitutes? lol).

    The thing you will have to worry about is those under 18/21 who decide to make some quick cash. That would probably get you in a lot more trouble too than being an e-pimp
     
  8. rforster510

    rforster510 Registered Member

    Joined:
    Jun 16, 2010
    Messages:
    67
    Likes Received:
    10
    So I can be held responsible for anyone that breaks my terms of service and posts on the website underaged? If they have to enter their birth date to get into the website (and/or give official identification to post a job) can I be held responsible if they lie?
     
  9. neolk77

    neolk77 Newbie

    Joined:
    Jul 12, 2010
    Messages:
    15
    Likes Received:
    0
    That's not prostitution, not even close. Escort company's get away with FAR worse.
     
  10. rforster510

    rforster510 Registered Member

    Joined:
    Jun 16, 2010
    Messages:
    67
    Likes Received:
    10
    I'm feeling good about this! Thanks for all the help everyone, I'm gonna start a jv thread soon and hopefully have the site up and running within a week!
     
  11. neuromancer

    neuromancer Newbie

    Joined:
    Jun 12, 2010
    Messages:
    48
    Likes Received:
    26
    register your site in the bahamas or seychelles and keep your domain well away from the US morality hammer or they will eventually seize your domain once the media starts plastering your site all over it's pages because of alleged prostitution. then get high speed hosting in the NL

    dunno how you are going to verify users. some 15yr old girl is gonna sign up and strip, then her parents will find out and cry to the media. i guess you've figured something out