Legal Question in Entertainment Law in New York

Is it legal to produce adult pornography in NYC for distribution on the internet?

Asked on 8/24/12, 4:13 pm

2 Answers from Attorneys

Daniel Pepper Pepper Law Group, LLC

Unfortunately there is no simple answer.

A little bit of background is necessary:

In 1988, the California Supreme Court in a case named People v. Freeman. decided that pandering laws could not be used as a "tool to impose a system of governmental censorship of erotic materials." Effectively, this means that the production of adult content in California is not pandering on the part of the producer, nor prostitution on the part of the performers.

With the explosion of adult content on the Internet since the 1990s, and the fact that very few pandering or prostitution charges were brought against adult performers or producers, it has generally been assumed that such content could be produced in the U.S. without risking these types of charges.

That being said, no other state in the U.S. has considered the decision in the Freeman case, which means we don't have a definite answer how other states will handle it. New Hampshire has a court decision which MAY, under certain limited circumstances, permit certain forms of adult content production. However, it is safe to assume that the more conservative jurisdiction you produce your content, the higher your risk.

Additionally, any adult content that is considered "obscene" under the definition of the U.S. Supreme Court, is also prohibited and illegal.

How does this apply to you? Your best bet is to have a qualified attorney give you an analysis based upon your particular situation - specifically the nature of your content. If you'd like to contact me, you can do so through

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Answered on 8/24/12, 7:43 pm

Roman Fichman Esq. Law Practice of Roman Fichman Esq.

Generally speaking there is no law in new york city or new york state that prohibits adult film or photography production. However you need to comply with all other relevant federal, state and city laws including zoning laws.

You best bet is to retain a New York lawyer to chaperon the process. Feel free to contact my office at your earliest convenience for further help on the matter.

Roman R. Fichman, Esq. │ @TheLegalist

email: Info (@) TheLegalist (dot) com

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Disclaimer: This post has been written for educational purposes only and was not meant to be legal advice and should not be construed as legal advice or be relied upon. The post may contain errors, inaccuracies and/or omissions. You should always consult an attorney admitted to practice in your jurisdiction for specific advice. This post may be deemed as Attorney Advertising.

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Answered on 8/25/12, 8:21 pm

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