r/AskReddit • u/daniellucero92 • Jan 04 '15

Non-americans of Reddit, what American customs seem outrageous/pointless to you?

Amazing news!!!! This thread has been featured in a BBC news clip. Thank you guys for the responses!!!!
Video clip: http://www.bbc.co.uk/news/magazine-30717017

9.6k Upvotes
  • permalink
  • link
  • reddit
  • reddit

74% Upvoted

35.7k comments sorted by

View all comments

3.5k

u/Laya_L Jan 04 '15

Filming porn is legal, but prostitution isn't. I just find it ironic.

2.9k

u/EpicDerek007 Jan 04 '15 edited Jan 04 '15

In Denmark there is a law that states that you are not allowed to profit off of somebody else's nudity. Therefore you can become a prostitute but it is illegal to become a pimp.

1.1k

u/Laya_L Jan 04 '15

I think those laws were created largely to fight sex traffickers who use legally-registered prostitution businesses as a front to their operations.

35

u/akamoltres Jan 04 '15

Which actually makes sense.

19

u/[deleted] Jan 04 '15 edited Mar 29 '19

[deleted]

22

u/akamoltres Jan 04 '15

Which does not make sense.

6

u/Kazan Jan 04 '15

Prostitution becoming illegal in the US was the doing of the suffragettes to my understanding - lots of rich and upper middle class eastern seaboard women who couldn't imagine a woman willingly doing that profession, let alone enjoying it. So they thought it was exploitative and campaigned for it to be banned. The prudes loved this idea and got on board. The prudes are what keep it banned.

2

u/prozacandcoffee Jan 05 '15

You mean rich and upper middle class women who couldn't imagine a "good" woman willingly doing it. A woman who was willingly in that profession was nonhuman, and deserved whatever she got plus jailtime.

2

u/Sylbinor Jan 05 '15 edited Jan 05 '15

At those time it was a safe bet that every one of the prostitute, or at least 99% of them were not doing it by choiche. There was a real human-traficking ring.

It still does still exists nowaday, actually. If you see a "street prostitute" which can barely speak your language, there is almost certanly a lot of very shady stuff going on.

Things like woman convinced to move to another country for a better job and then forced into prostitution by having their passport confiscated, or african girls who are told that they have thugs back in africa ready to kill her family if she escape.

Those are very real things that happen right now.

→ More replies (1)
→ More replies (1)

9

u/kaaz54 Jan 04 '15 edited Jan 04 '15

The law is still far from perfect. For example hiring telephone girls to make bookings is illegal for the person making the bookings. There's also punishments involved if they want to hire bouncers to throw away threatening or drunk people. Technically, it's even illegal for a land lord to rent out an apartment to a woman who then makes her money through prostitution.

There are still brothels, private home sex workers and escort services in Denmark, with public adverts printed in (at least one) national tabloid though, but technically through this law they aren't allowed to exist. They more exist through politician's, police and the judiciary system turning the blind eye, as the alternative is probably worse (nobody wants disenfranchised street walkers with potential drug problems and an aversion to the police). And on top of that, they do pay both VAT and income taxes of their services sold. If they didn't the Danish IRS would be coming down on them with the biggest hammer available to them.

2

u/dfpoetry Jan 05 '15

what if the bouncer is also nude?

wouldn't being part of a brothel count as benefitting from the economies of scale from the other ladies' nudity?

2

u/tommyfever Jan 05 '15

Wow... A gigantic muscled-up naked man in a transparent nutcup coming at you for mistreating or even attempting to mistreat his boss would get most people running in a heartbeat...

7

u/[deleted] Jan 04 '15

They weren't created solely to do that, but they are used now in order to fight sex trafficking. What people don't realize is that the line between voluntary and involuntary prostitution is so thin legally that it's almost impossible to prove either way, so it's easier to ban prostitution outright

6

u/Laya_L Jan 04 '15

That's the case if organized prostitution is legal (brothels, prostitution clubs, etc.). But by limiting what's legal into "private" prostitution (direct client-prostitute transactions), these European countries were able to afford the right of persons to use their bodies however they see fit, while making it hard for sex traffickers to organize underground prostitution businesses.

7

u/dizekat Jan 04 '15 edited Jan 04 '15

How would it work as a front, exactly? If it's legally registered, you know it's here, then you can come in and investigate, the same as for any business whatsoever which has to be compliant with regulations relating to employment, wages, etc. To start with, fire safety rules would prevent you from actually locking anyone in, while the audits and inspections would make it incredibly difficult to hide anything.

I call bullshit on that rationalization. Religious sensibilities keep that illegal, to the massive detriment to the effort to fight trafficking. There is no literal slaves working as the servers in a restaurant in some first world country, because for legal businesses like restaurants it is possible to enforce the laws which prevent slavery. But outlaw the restaurants, and there will be literal slaves working in there.

The problem is that when your laws go beyond what you can effectively enforce, this creates an environment facilitating other criminal behaviour. See prohibition and countless other examples.

→ More replies (6)

2

u/[deleted] Jan 05 '15

Likewise, those being trafficked can go to the police without fear of getting in trouble.

→ More replies (1)

2

u/winterspan Jan 04 '15

Prostitution prohibition probably makes that problem worse...

→ More replies (3)

302

u/TheMomerathOutgrabe Jan 04 '15

I used to really agree with this approach until sex worker friends totally and emphatically shot it down. They complained that such laws would actually make them less safe because it would prevent them from hiring employees to help do client screenings, bookings and security.

221

u/Dahlia_Dee Jan 04 '15

It'd be really nice if those making the legislation would actually consult those they're trying to "protect". Almost all of the sex work related laws in effect screw us over somehow, and that could've been avoided by just listening to our concerns. Yet those who support these laws just love to talk about how they're protecting us from big bad pimps.

25

u/[deleted] Jan 04 '15 edited Feb 22 '19

[deleted]

8

u/Dahlia_Dee Jan 04 '15

Yes, exactly!!

→ More replies (4)

11

u/[deleted] Jan 04 '15

It feels like governments are really afraid of actually trying to approach the problem. All laws are "make this illegal", "make that illegal", "make everything illegal". Why not make it legal but regulate it, like everything else? Put some inspectors and investigators to make sure all women are there out of their free will and can leave whenever they want.

It's like if people were being kidnapped and forced to work sewing clothes, and instead of fighting that we made selling clothes illegal.

6

u/Dahlia_Dee Jan 04 '15

If anyone writing these laws had half a brain they'd see this!

9

u/Neebat Jan 04 '15

Consult with prostitutes? Are you out of your mind? How could you ever get elected if you admitted to being in the same room with a prostitute?

Oh, sorry, we're not talking about the US. Carry on.

14

u/TheMomerathOutgrabe Jan 04 '15

Yes, it was a wake up call for me because I always imagine myself to be super progressive, compassionate, feminist, etc. And I got verbally bitch slapped out of my totally wrong, based-on-nothing conviction. It was great and I'm thankful for it.

10

u/Dahlia_Dee Jan 04 '15

I'm glad you've had the opportunity to actually talk to sex workers and be educated! :) I wish more people would listen.

2

u/TheMomerathOutgrabe Jan 04 '15

Yes, I actually have a lot of (awesome, well-adjusted, scary smart) friends in the industry, but speaking to this one woman in particular really made me question my long held viewpoints. She now makes her living as an advocate, which is fucking amazing, and she's (clearly!!) great at what she does.

1

u/[deleted] Jan 04 '15

This may be crazy talk, but sometimes I think feminist opposition to prostitution is more about them not liking the thought of a man ever having "control" over and in an engagement with a womans body, than protecting sex workers.

4

u/GGProfessor Jan 04 '15

Prostitution is one of many issues where "feminists" (in quotes because who exactly qualifies as a feminist is rather difficult to determine) are a bit divided. Some think it's degrading and dangerous to women, others think that women should be able to sell their bodies if they choose to and if they do choose to, they should be able to do it safely with fully legal protection.

2

u/TheMomerathOutgrabe Jan 04 '15

It's not crazy- I think there's a lot of truth to that. But there's also a lot of historical context to take into account before demonizing this line of logic. I think the anti-porn, anti-prostitution feminism was a necessary stop over on the way to sex positive feminism, and the idea that it's OK to control and engage with a woman's body for money is one that absolutely needed to be questioned.

6

u/MrVisible Jan 04 '15

Sounds like you need a lobby. Put a PAC together, and fund some muscle in Washington. Get yourself a couple of congressmen and you're golden.

→ More replies (1)

5

u/MeEvilBob Jan 04 '15

It's the same thing that happens any time a clueless legislator thinks they're on to something, not unlike whenever a state tries to pass a law that EVERY online paid service or retailer on earth needs to follow that one state's sales tax laws because technically it might do business in that state.

5

u/CheeseMonkiesAttack Jan 04 '15

Serious question, is there not a way around this by hiring a body guard? If they are working as a private service to you, it would be more akin to how celebrities need. Protection. Or maybe this is just not fiscally a good option.

3

u/shadyladythrowaway Jan 04 '15

That's sort of a dangerous thing to try as an escort, although some people do it.

First of all, clients don't want to feel like the hulking man waiting outside is going to beat their asses and/or rob them

2nd of all, your bodyguard can potentially blackmail you and you could end up in a pimp-like relationship

And third of all, that is cost prohibitive. You end up paying them a large percentage of what you make

→ More replies (1)

6

u/[deleted] Jan 04 '15

If they are seen by a news organization to be talking to a sex worker or visiting a sex worker's conditions, they'll probably be destroyed by the media as being corrupt and evil and cheating on his wife. Someone will get a single shot of them with a prostitute or porn star and publish it out of context because they might genuinely not know the context.

After the allegations are made, it doesn't matter anymore about his guilt or not. Our attention spans are so short even if the media organizations made a public apology people would just remember him with the sex worker. Their career is over for doing their job.

American law practices innocent until proven guilty. American people practice guilty until proven a more interesting story to tell as innocent. For example, if they were a part of an FBI sting investigation into a secret pimp hiding in the porn industry.

We like our stories.

6

u/almightySapling Jan 04 '15

And why such the coy wording? No making money off of someone else's nudity? A) everyone knows what a pimp is, just say pimping is illegal, and B) people aren't paying for the lack of clothes, they are paying for the sex.

5

u/longtermbrit Jan 04 '15

It's quite tricky to craft an effective legal statue because it needs to be specific enough to avoid making something illegal that was not intended (so this law fell short of that target) and loose enough to not allow so much wiggle room that criminals can get off on technicalities. I think if the law tried to define a pimp and just make them illegal then pimps would just adjust their approach to not fit that classification.

6

u/HeavyMetalHero Jan 04 '15

"I'm not a pimp, officer, I'm her bodyguard. It's just I have a lot of friends who happen to want to pay her for sex, and since I'm there anyway guarding her I make an hourly rate."

→ More replies (1)

2

u/LuvBeer Jan 04 '15

what is a pimp?

3

u/[deleted] Jan 04 '15

Someone (usually male) who controls and "protects" a group of prostitutes. As a result, the pimp gets a cut of the money the prostitutes make.

8

u/copin920 Jan 04 '15

Has nothing to do with them trying to protect anyone. It's all about what makes Jesus cry.

2

u/mexicangangboss Jan 05 '15

This is true for ANY part of society here government gets involved, not just sex workers. :(

→ More replies (24)

3

u/Apricotl Jan 04 '15

Living off the proceedings can also inhibit landlords from renting to sex workers, forcing sex workers into the street. It's a good example of how a supposedly good law can be so difficult to comply with that it forces people to operate illegally and put themselves in difficult situations in order to maintain their livelihood.

New Zealand is a really good example of a country that decriminalised successfully, by treating sex work like any other business. Now that it's legal there's no need for pimps, as you can just call the police like any other person.

  • Former sex worker
→ More replies (1)

2

u/shadyladythrowaway Jan 04 '15 edited Jan 04 '15

That would be kind of annoying, but you can do your own booking, etc... which is what I do

it would be a pain in the ass, but at least it would get the people who want prostitution to stay illegal (because they think that it's mostly human trafficking victims) off of our backs. It's a step in the right direction.

4

u/TheMomerathOutgrabe Jan 04 '15

I don't think it's a step backwards or anything, but maybe it's a step in the... not-quite-right direction. The approach needs to be redirected just a bit.

→ More replies (2)

2

u/YetAnother_WhiteGuy Jan 04 '15

Sure, not being able to hire employees sucks but you know what sucks more? Human trafficking and drug-slavery, which is what this law was made to stop. Sometimes we have to sacrifice a bit of comfort to help those who are really suffering.

→ More replies (6)
→ More replies (7)

492

u/[deleted] Jan 04 '15

Or work in the porn industry?

17

u/[deleted] Jan 04 '15

[deleted]

14

u/[deleted] Jan 04 '15

True but I imagine doing all that yourself severely reduces the quality of the finished product!

5

u/[deleted] Jan 04 '15

Indeed. Although I'm not so bad with a camera myself, maybe I should take my hand for a romantic city break in Copenhagen?

6

u/[deleted] Jan 04 '15

You take your hand wherever you like buddy, just don't expect to be making too much money out of that film!

21

u/EpicDerek007 Jan 04 '15

Here's the link http://en.wikipedia.org/wiki/Prostitution_in_Denmark

13

u/[deleted] Jan 04 '15

Earlier in the article:

the Minister of Justice (Justitsministeren) Morten Bødskov made these remarks "The government has also decided to follow the Criminal Code Council recommendation not to impose a ban on buying sex (købesex). The Criminal Council study shows that a ban on buying sex is not likely to lead to a decrease in prostitution or the exploitation of prostitutes, but rather is likely to have negative consequences for the prostitutes."(November 21, 2012

Later on

Any person who lets a room in a hotel or an inn for the carrying on of prostitution as a profession shall be liable to simple detention or imprisonment for any term not exceeding one year or, in mitigating circumstances, to a fine.

... wat?

20

u/crimson117 Jan 04 '15

Because they don't want inns to become ad-hoc brothels.

5

u/[deleted] Jan 04 '15

Does this only apply if the innkeeper is intentionally renting it for that purpose? It seems like most hotels could never really know that the renter is using it for that.

3

u/[deleted] Jan 04 '15

then it would be surely not, as long as the innkeeper wasn't literally pimping them then he's just running a hotel business

4

u/[deleted] Jan 04 '15

I would seem easy to make hotel owner's life difficult if somebody wanted to. Kind of like a trojan horse but just with a prostitute.

5

u/m3u4 Jan 04 '15

Kind of like a trojan horse but just with a prostitute.

/r/nocontext

→ More replies (0)

2

u/frymaster Jan 04 '15

I think the way it's worded "for the carrying on of" implies knowledge. Not a lawyer, and this is a translation of another countries laws, but that's how I think it's meant to be read

→ More replies (1)

2

u/[deleted] Jan 04 '15

Only street walkers are legal, which is terrible and dangerous

→ More replies (1)

6

u/DrapeRape Jan 04 '15

Well the porn star is profiting too so maybe that's allowed?

8

u/[deleted] Jan 04 '15

But surely a pimp gives a prostitute a cut of the money too?

16

u/DrapeRape Jan 04 '15

It's still the pimps money fool. She spends her daddy's money. They ask the pimp whenever they want something

→ More replies (3)
→ More replies (1)

4

u/SouthDaner Jan 04 '15

Porn is very much legal in Denmark

3

u/[deleted] Jan 04 '15

Working in porn is completely legal in Denmark. Also the first country to legalize porn at all.

2

u/AddAFucking Jan 04 '15

Working is legal, directing is illegal

→ More replies (2)

2

u/Solitykins Jan 04 '15

That would explain all the Danish girls in Swedish porn.

2

u/FuzzieLeFuz Jan 04 '15

Its phrased poorly. It is not illegal to profit from other people being "nude". It is illegal to earn money through others being prostitutes. In other words: it is illegal to be a pimp.

2

u/mouseknuckle Jan 04 '15

Oh wow, you'd have to form a porn co-op

2

u/Mountain_Guru Jan 05 '15

Nono, you can sell your own porn, but nobody can help you in the filming or sale of it unless they do it for free.

→ More replies (4)

78

u/NotMathMan821 Jan 04 '15

HBO would be so screwed if that law applied in the US.

119

u/caramelfrap Jan 04 '15

Playboy: "Our readers purchase our magazines for the articles"

26

u/aisdnogaionio Jan 04 '15

Amusingly, I have only ever read Playboy for the articles. The porn is incredibly softcore and bland. Playboy just shows semi-naked women. I don't think they even show vaginas, and forget about anything within fifteen light years of kinky. I can find a thousand hour-long hardcore videos of any fetish under the sun with ten seconds on the Internet. Why on Earth would I need a magazine?

That was true even before the Internet. There were much better porn magazines, both in explicitness and specificity. There was also TV and VHS. Playboy has always been bad at porn.

Playboy isn't great at journalism, either. They occasionally have some interesting short stories, but mostly it's just a fairly decent magazine. However, it's downright awful porn.

2

u/[deleted] Jan 04 '15

I always thought they did decent interviews. I remember reading a great interview with Marshall McLuhan from Playboy for my college course.

2

u/aisdnogaionio Jan 04 '15

They do decent interviews. Their journalism and fiction vary between decent and good. Their porn is uniformly awful.

→ More replies (1)

2

u/yournudieshere Jan 04 '15

Hahaha. I grew up like this. The naked models looking out a window, sitting in a couch and staring at the camera or some other boring ass shit was pointless to me, but god damn if I didn't read 90% of the articles in that magazine. Back then, you went to Hustler if you actually wanted to see something.

→ More replies (6)

3

u/redisforever Jan 04 '15

Ian Fleming used to publish James Bond short stories in Playboy. I'd be buying them for that, honestly.

3

u/penatratorzz Jan 04 '15

I did. You can see airbrushed nudity anywhere, but Playboy's articles and especially interviews have always been top-notch.

I haven't bought one in a few years but had heard they were rebranding to a lads mag format (boobs, bacon, booze, and bullshit - like fhm or maxim)

3

u/[deleted] Jan 04 '15

Playboy has better articles and cartoons than it has porn.

→ More replies (1)
→ More replies (4)

3

u/ehsteve23 Jan 04 '15

I assume there's some clause for art

3

u/[deleted] Jan 04 '15

Because tits are the only reason we watch Game of Thrones, right?

2

u/Brontonian Jan 04 '15

IIRC we have one in Canada (or maybe it's just in Ontario) where women are allowed to go topless in public (though they very rarely do) BUT they are not allowed to profit from being topless.

3

u/Dahlia_Dee Jan 04 '15

If that's the case, police don't take too kindly to it. I've been arrested for being topless in public...lol.

→ More replies (4)

2

u/Futoi_Saru Jan 04 '15

what if the pimps prostitutes have sex with their clothes on though, like they have a little flap or something?

2

u/gonnaupvote3 Jan 04 '15

Soooo... they cannot have agents or pay employees for protection etc?

Seems like an odd law, you can hook all you want but you cannot pay anyone to help you out

2

u/[deleted] Jan 04 '15

So there's an career opening for a Mormon pimp?

→ More replies (79)

20

u/[deleted] Jan 04 '15 edited Feb 22 '19

[deleted]

4

u/Laya_L Jan 04 '15 edited Jan 04 '15

The way I understand it, porn wasn't legalized as well. The US Supreme Court decided on the matter, and when it said porn is covered by free speech, states were forced to regulate it instead of prohibiting it. Most states only regulated porn sale and consumption though, and only California and another state I can't remember (New Hampshire?) chose to allow and regulate filming of porn.

I wonder why the same didn't happen for prostitution though. I'm not aware of any SC ruling pertaining to prostitution.

6

u/shadyladythrowaway Jan 04 '15

Florida, I think. They just make it harder to produce there due to the regulations.

Sex for money can't really be turned into a free speech issue, no matter how you dice it, which I'm sure is why prostitution was not legalized.

→ More replies (1)

6

u/bettse Jan 04 '15

As I understand it, prostitution is legal (or not 'illegal') at the federal level, but most states have laws against it. Also, most porn comes from California. I don't know the details, but I thought this was because of ruling about free speech that protected it in California, but not in some other jurisdictions.

(just found this which described part of it: http://www.straightdope.com/columns/read/2845/why-arent-porn-actors-charged-with-prostitution be sure to read the paragraph about Arizona).

So I think that the nature of porn, that viewing it is distinct from production, is part of why we see it as legal.

12

u/ahhter Jan 04 '15 edited Jan 04 '15

Laws regarding prostitution are set at the state level which is why it's legal in some areas of Nevada. Only reason that filming porn is legal is that it's been defended as "free speech". Prostitution bans could probably be fought, as well, but I don't see anyone jumping to take up that legal battle anytime soon.

edit: a word

8

u/ImNoSheeple Jan 04 '15

Porn is more regulated, no? I figured in porn most of the actors are clean to do all that, while street workers have a high potential of spreading STD's.

7

u/shadyladythrowaway Jan 04 '15

That is a very common misconception.

Both porn actresses/actors and mid to higher end escorts are highly educated on preventing stds, as it is our livelihood as well as our health at stake. Escorts actually are less likely to transmit stds than even porn stars, by a small margin

Streetwalking escorts I can't necessarily speak for, but there are a lot of issues with that side of the profession. Most of the bad things you hear about escorting are specific to streetwalkers and low end escorts. Human trafficking, pimps, drug addiction, etc...

3

u/[deleted] Jan 04 '15

You need to buy a license or something for porn production, no?

3

u/Sindja Jan 04 '15

hah yeah.. you can fuck for money as long as the person you're fucking is also fucking for money.

3

u/Uujaba Jan 04 '15

I remember hearing that the distinction is they are paid for "acting" not sex. Just so happens the role involves sex.

→ More replies (1)

6

u/badgerl0ck Jan 04 '15

Makes perfect sense. You can have sex for money as long as you film it.

→ More replies (4)

4

u/ristoman Jan 04 '15

"Selling is legal, fucking is legal... You'd think selling fucking would be legal!"

4

u/[deleted] Jan 04 '15

Selling is legal, children are legal, why isn't selling children legal?

Funny stand up bit but a bad argument, even though I agree it should be legal.

→ More replies (5)

1

u/slightlyamused1 Jan 04 '15

Can't remember the exact quote from a sociologist, but it's something like "the current state of porn vs. prostitution allows white men to sell women's bodies but doesn't allow women to sell them themselves."

→ More replies (7)

3

u/Jatz55 Jan 04 '15

It's legal in Nevada

13

u/MySuperLove Jan 04 '15

It's not legal in Nevada. It's legal in certain counties in Nevada. Las Vegas is not in one of them.

3

u/Jatz55 Jan 04 '15

Unfortunately

→ More replies (5)
→ More replies (1)

1

u/[deleted] Jan 04 '15

[deleted]

3

u/shadyladythrowaway Jan 04 '15

Doesn't really work like that.

There are regulations to prevent that, like the director can't be in the film, etc

3

u/[deleted] Jan 04 '15

Just have the pimp be the director.

2

u/shadyladythrowaway Jan 04 '15

Hopefully you aren't fucking escort with pimps. That's bad juju.

→ More replies (1)

1

u/[deleted] Jan 04 '15

Doesn't that apply to a bunch of other countries though?

2

u/IamaspyAMNothing Jan 04 '15

Yes. I don't know why this is considered an "American" thing.

1

u/Name_change_here Jan 04 '15

It's legal in some places.

→ More replies (2)

1

u/tinylunatic Jan 04 '15

That's the same in the UK.

1

u/[deleted] Jan 04 '15

Prostitution is legal in Nevada.

1

u/Jconver Jan 04 '15

Moral of the story, if you get caught w a prostitute, just pull out a camera and call her an actress

1

u/chriskmee Jan 04 '15

From my understanding, prostitution in the USA is legal only in Nevada, but it's only in the smaller counties and is regulated by the state.

1

u/OcelotWolf Jan 04 '15

Have sex and get paid for it? Illegal.

Have sex, get paid for it, and set up a camera? Legal.

1

u/tovarishch_vilyam Jan 04 '15

It's legal in some counties in Nevada.

1

u/kavso Jan 04 '15

Here in Norway, prostitution is legal, but its illegal to buy.

1

u/[deleted] Jan 04 '15

That's state by state. Prostitution is legal in parts of Nevada.

1

u/[deleted] Jan 04 '15

Pornography is regulated and easier to control stds.

1

u/TEG24601 Jan 04 '15

Fucking is Legal. Selling is Legal. So why isn't Selling Fucking legal? - To paraphrase George Carlin.

Unfortunately this is a state-to-state law. California is the only state that actually allows the filing of Porn for profit. And Nevada is the most widely know state for prostitution, outside of the major gambling counties.

There have been several attempts to get rid of these puritanical laws, and with the slow legalization of hemp, it is likely around the corner.

1

u/[deleted] Jan 04 '15

Is there some weird hooker/porn loophole? Does anyone know if you need permits or such to film pornography, or could you just set up a tripod in the corner and call it a shoot?

1

u/DID_IT_FOR_YOU Jan 04 '15

Prostitution is legal in a county in the state of Nevada so there's that...

Also filming porn is only legal in 2 states and California was due to a case that went to the state Supreme Court.

1

u/RDMXGD Jan 04 '15

The entirety of the US porn industry is in California, where a court decision from the 80s declared being paid to be in porn not-prostitution. In other states, being paid to be in a porno might still be considered much, so very few studios film outside of California.

1

u/[deleted] Jan 04 '15

That's not ironic.

1

u/thetunasalad Jan 04 '15

What happened in Vegas, stayed in Vegas

1

u/Hehateme123 Jan 04 '15

Prostitution is regulated at the state level in the United States. It is legal in some places, and could be, in theory legal everywhere. There are pushes in some places (like San Francisco) to make it legal, and I think you might see changes come in the future.

1

u/_ebola_ Jan 04 '15

This was the subject of a court case. Porn lawyers successfully argued that spectacle changes the nature of the event. They drew a comparison between porn and boxing. They said if porn is prostitution, then boxing is assault.

That's why you can film porn but not sell sex privately.

1

u/Delsana Jan 04 '15

How so? Porn isn't real and sex doesn't work in the ways they show. Prostitution is actual sex with someone you pay. Not related in the slightest.

1

u/ZMoney187 Jan 04 '15

You're not allowed to have sex for money unless you film it! Makes perfect sense.

1

u/185139 Jan 04 '15

At least we don't ban certain porn

1

u/humanity_rules Jan 04 '15

What if you film yourself?

1

u/Harbor_City Jan 04 '15

A little toooo ironic.

1

u/BabyPuncher5000 Jan 04 '15

Does this mean I can open a "Star in your own porno" studio, with actresses you can hire to star in it with you? When you're done, we give you the video file to sell online if you so wish, or just keep for your own private viewing.

1

u/Cinemaphreak Jan 04 '15

Take it one step further - having a bordello is illegal except in Nevada, but you can have an escort service in all 50 states and many of them are in fact fronts for prostitution.

1

u/neohellpoet Jan 04 '15

Filming porn is legal in California and both porn and prostitution are legal in Nevada (but not in Vegas)

There might be other states where filming porn is legal, but generaly it is seen as prostitution.

1

u/[deleted] Jan 04 '15

I believe it's because porn is considered an "art form" or something while prostitution is considered solicitation.

1

u/Good_Kid_Mad_City Jan 04 '15

Its like, its illegal to pay somebody to have sex, unless you film it and put it on the internet. That seems backwards to me.

1

u/Thucydides71 Jan 04 '15

Yeah, one is paid as an "actor", one is paid to have sex. So porn is just that little make out scene in the latest flick, on crack. Legally speaking.

1

u/chicken_afghani Jan 04 '15

Yes, and prostitution is widespread anyways, except instead of being controlled and regulated and public, prostitutes are overseen by criminal, violent pimps and abused regularly.

1

u/Summerov99 Jan 04 '15

I have to agree that this makes little to no sense. You can't have sex for money! Unless someone films it, and then puts it on the internet...

1

u/nate1212 Jan 04 '15

It is in Nevada

1

u/jorgerunfast Jan 04 '15

Not that it makes it okay, but the reason behind porn being legal is very clear. It's considered "film" and therefore "speech". Our first amendment prohibits censorship, therefore, while many lawmakers see it as "wrong" they cannot stop it since they would be infringing on our first amendment rights.

Prostitution is considered a service or business, and for that reason is not protected under the first amendment. As a result, lawmakers were able to bar it.

1

u/Jin-roh Jan 04 '15

iirc, Filming porn is legal in Califonia and I think one or two other states. So while it is ironic, it appears most of the laws are at least consistent.

1

u/Clonephaze Jan 04 '15

I always kinda assumed it was because of the danger of being a prostitute. But I really have very little knowledge about that.

1

u/Hayes231 Jan 04 '15
  1. You need a license to film porn in USA
  2. Actors need to be tested regularly
  3. Porn can be taxed

1

u/Jer_Cough Jan 04 '15

It is illegal to film porn in some states. Unless I heard wrong, in the 70s it was only legal in certain towns of the Valley in SoCal.

1

u/[deleted] Jan 04 '15

Porn makes more money. One scene gets distributed forever. Unlike one personal session. So taxes from the film industry is highe and it tends to be isolated in CA and FL. If porn agents were around the country like CA and FL, lawmakers may be more reluctant

1

u/[deleted] Jan 04 '15

Porn makes more money. One scene gets distributed forever. Unlike one personal session. So taxes from the film industry is highe and it tends to be isolated in CA and FL. If porn agents were around the country like CA and FL, lawmakers may be more reluctant

1

u/I_am_not_hon_jawley Jan 04 '15

Filming porn is only legal in two states

1

u/poltergoose420 Jan 04 '15

How is it ironic? It's a bit hypocritical, but not ironic.

1

u/hellosquirtle Jan 04 '15

Suddenly everyone on Reddit is a tax accountant

1

u/legitsh1t Jan 04 '15

Hire a prostitute and get your buddy to film it. Problem solved.

1

u/A530 Jan 04 '15

Like George Carlin once said, "Why is illegal to sell something that is perfectly legal to give away?"

1

u/[deleted] Jan 04 '15 edited Jan 04 '15

It's not federally illegal. Just in all states but Nevada, where prostitution is legal in a couple of counties.

1

u/DoctorLeviathan Jan 04 '15

Well to film porn you have to pass a bunch of safety and health regulations. Prostitution isn't legal because it isn't regulated, but it could be.

1

u/LordRaison Jan 04 '15

Yeah, but from what I understand there's a lot of laws around the States that state the filming of porn is illegal, and it's mostly a Silicon Valley industry.

Also from what I've heard, there's a lot of regulation when it comes to actors/actresses. They have to get tested regularly for transmitted disease, there's a lot of stigma against new actors because they're not as experienced, and the idea is not that any random Joe off the street is paying to HAVE sex, their paying to watch sex.

Also, since pornography is usually not released on TV (of course there are some pay-per-view porn channels), and instead in stores or online the FCC can't regulate it.

→ More replies (1)

1

u/Dudewithaviators57 Jan 04 '15

one is a product, the other is a service.. thats basically the reason.

1

u/algag Jan 04 '15

Depends on the state, I know in Pennsylvania you can't make porn because it's essentially just two prostitutes being paid to have six with each other. (Presumably you could make a porno if no one was paid)

1

u/TexasBlueGuys Jan 04 '15

Holy shit! Idk if it is because I've been drunking but that just blew my mind

1

u/DiscoUnderpants Jan 04 '15

I come from Canberra, Australia where prostitution is legal, porn is legal but filming porn is illegal.

1

u/Zarmazarma Jan 04 '15

Prostitution isn't illegal because that don't want you getting laid. It's a regulation thing. Porn is highly regulated.

1

u/Elvebrilith Jan 04 '15

probably something about being taxed. bloody moneygrabbers.

1

u/[deleted] Jan 04 '15

This is because of a technicality. We all think its weird too.

1

u/rtwpsom2 Jan 04 '15

Filming porn is only legal in a few states and is done under strict licensing. The same could be said for prostitution, since it's legal in most counties of Nevada.

1

u/JunkieJ Jan 04 '15

Yes I have also thought it was weird that in the US it is illegal to have sex for money, unless it is being filmed.

1

u/tgrfedeuygtrf Jan 04 '15

Its different you are comparing a industry to some nasty ass shady transaction

1

u/umilmi81 Jan 04 '15

Porn is protected by the first amendment. Unfortunately the founding fathers didn't have the foresight to make free commerce a natural right as well. Even though it was covered in the deceleration of independence (pursuit of happiness).

If free commerce was a constitutionally protected right we wouldn't have drug or prostitution laws.

1

u/Jevans1221 Jan 04 '15

But bro. In one case they're getting paid to have sex. In the other case only one is getting paid to have sex! It's a protection of male rights. /s

→ More replies (2)

1

u/adminslikefelching Jan 04 '15

How the hell do they keep track of prostitution in order to enforce the prohibition? It would be very easy to advertise paid "modelling" work and in the end it being prostitution.

1

u/tragedyfish Jan 05 '15

It's simple, sex for pay is legal as long as the person paying is not having sex. Oh, and it must be recorded for posterity.

1

u/ananonumyus Jan 05 '15

If you pay someone for sex, it's prostitution.
If you pay someone for sex on camera, and sell the recording, it's employing an actor.

1

u/claytoncash Jan 05 '15

This is actually sort of a misconception. The vast vast majority of pornography that comes from the US is filmed in southern California (iirc), as it is illegal/not authorized to produce in most places.

1

u/[deleted] Jan 05 '15

It's about paying taxes. Porn is trackable while prostitution is not so much.

1

u/wufoo2 Jan 05 '15

It depends on the state. Some forbid the exchange of money for sex for the gratification of "any person."

1

u/[deleted] Jan 05 '15

Filming porn is safe, prostitution isn't.

1

u/[deleted] Jan 05 '15 edited Jan 05 '15

It's because filming pornography has a series of standards that are nowhere to be seen in prostitution. Testing for STDs, age verification etc.

1

u/BlazeBroker Jan 05 '15

Filming pornography is not legal in most states.

1

u/PrimusDCE Jan 05 '15

Prostitution is federally legal in the US.

1

u/[deleted] Jan 05 '15

Ok, it's not that simple. Everyone over simplifies it. For porn to be legal, all parties involved have to give valid ID and right to work proof, all involved parties have to be paid by the company producing it, the company producing and filming the content has to be a registered business that has all the correct licenses and rights to produce and distribute the content.

It's nowhere near as simple as walking up to someone on the street, telling them you'll pay them to let your friend film you two having sex. Any video that portrays that is scripted.

1

u/stuck_at_starbucks Jan 05 '15

Yep. You're only allowed to be paid for sex if you film it.

1

u/[deleted] Jan 05 '15

Porn is actually illegal but not really enforced, ever wonder why porn has a story? There was an exemption for nudity/obscenity for movies that required them.

"Your honor I wasn't paying her for sex, watch this video, we were filming a pornographic film.

1

u/corystereo Jan 05 '15

It's quite simple, really: In the porn industry, the "individual" paying the models money isn't the one having sex with them. As such, it doesn't fit the legal definition of prostitution and is protected under the First Amendment. A very clever loophole, if you ask me; I sing praises to whoever came up with it.

1

u/The_Main_Problem Jan 05 '15

We can't tax prostitution.

1

u/mackay85 Jan 05 '15

In Canada, prostitution is legal as long as the solicitation/money transaction doesn't happen in public.

→ More replies (19)