Pornography

[WilliamReuben]

What is the name of your state (only U.S. law)? Texas

I'm trying to find out if filming pornography is legal in Texas.

I looked up the penal code, and this is what I found:

§ 21.15. IMPROPER PHOTOGRAPHY OR VISUAL RECORDING. (a)
In this section, "promote" has the meaning assigned by Section
43.21.
(b) A person commits an offense if the person:
(1) photographs or by videotape or other electronic
means visually records another:
(A) without the other person's consent; and
(B) with intent to arouse or gratify the sexual
desire of any person; or
(2) knowing the character and content of the
photograph or recording, promotes a photograph or visual recording
described by Subdivision (1).
(c) An offense under this section is a state jail felony.
(d) If conduct that constitutes an offense under this
section also constitutes an offense under any other law, the actor
may be prosecuted under this section or the other law.

Am I understanding correctly that filming a pornographic film is, in fact, illegal in Texas?

If it is, how is that punishable? I mean, who does it get reported to? The police? Or attorney general?

 

[CavemanLawyer]

That statute has nothing to do with filming pornography. That statute applies to "peeping toms" who film or photograph someone without their consent.

The law that technically prohibits commercial pornography production in Texas, and most other states for that matter, is the law against prostitution. In Texas prostitution is committed whether you are the person paying for sex or receiving money for sex. I'm sure people in the pornography industry do not consider what they are doing prostitution but under the laws of Texas, it is. The crime could be prosecuted by either the local police agency or the AG's office.

California has carved out an exception for porn production by distinguishing it from prostitution and I'd wager that the vast majority of commercial porn is produced there. I'm sure plenty of other commercial porn is produced illegally in other states and just not heavily regulated. There are probably at least several states that take an ambiguous approach to their prostitution statute and don't apply it to commercial prostitution.

There is actually a case out of Florida where someone was prosecuted for filming porn. Search for, Clinton Raymond McCowen for more info.