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Ohio obsenity laws are vague

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You Are Guilty

Senior Member
I am in the state of Ohio. Here we have some draconian anti-porn production laws. I am trying to find out if what I am doing is legal porn or illegal oscenity.

Lawriter - ORC - 2907.35 Presumptions in obscenity cases.

If I have a adult movie with actors a script and a story is it obscene?
It certainly can be, but it is 100% fact driven. Try forwarding copies of the dailies to the user "quincy", the resident expert here.

Good luck.
 

You Are Guilty

Senior Member
I'm not sure what you're asking. Do you mean to imply that if an act takes place in one state but is streamed to another state, the first state cannot take any action? (Because I can assure you, that is decidedly not true).
 

RedPhase

Junior Member
I'm not sure what you're asking. Do you mean to imply that if an act takes place in one state but is streamed to another state, the first state cannot take any action? (Because I can assure you, that is decidedly not true).
I mean if you saved the stream on a server in another state.So we would create the obscene material in California. Not Ohio.

Is porn with a story/script/plot considered art and thus void under the miller test?
 

quincy

Senior Member
"Try forwarding copies of the dailies to the user quincy," huh, YAG? :p :D

RedPhase, You Are Guilty is correct that the answers to all of your questions are fact specific. There is no way any of us here can tell you if your adult film is or will be obscene, or whether there is a law or ordinance in your local area that governs the filming of pornography, or if your film could be seen as having any serious artistic merit (having a story with a plot does not necessarily make a film less obscene or more artistic).

You will need to have your script, and your filming plans and locations, and the distribution plans for your film, reviewed by an entertainment lawyer in your area. The attorney you see can give you advice that targets your specific concerns.

It is important for you to be aware of, by the way, not only the local laws and ordinances and the state laws which may restrict your filming, but also you need to be aware of the federal laws that impose requirements on ALL filmmakers who make films with sexually-explicit content that is designed for interstate distribution and sale. Filmmakers, for instance, must keep records on all performers in their films, documenting with photo-identification (passports, driver's licenses) the names (real and assumed) and ages of the actors (this even if all of the performers are adults).

Again, I suggest you sit down with an attorney in your area, prior to filming, to avoid legal risks.
 

You Are Guilty

Senior Member
For the record, quincy is referring to the "2257" laws, found here:
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title28/28cfr75_main_02.tpl
 

quincy

Senior Member
Thanks, YAG. . . . I would have included that information in my post but I got distracted viewing some, uh, er, movie clips.

;)

Just googling "USC Title 18 section 2257" will work to access sites with the law and applicable requirements, too (Cornell's site is good).
 

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