Legal Question in Criminal Law in California

Serious Q...in California, is it illegal for a couple to engage in intimate acts with each other for money from a third party...with the physical contact only being between the couple? As in "a show"?


Asked on 10/17/10, 8:57 pm

2 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

The criminal law at first glance would appear to forbid a third party from paying for a "show" consisting entirely of sex acts in that money is exchanged for sex. But First Amendment rights of free expression are involved. Certainly the law would have no place interfering with your paying a couple of actors to perform Shakespeare in your living room. And certainly this would also be true if you were paying for them to exhibit Performance Art. It's an interesting legal question. The government may not censor your proposed performance unless it is legally "obscene," which is a very high threshold. As a practical matter you could get arrested or criminally charged, which could cost you lots of money to defend even if you were ultimately vindicated. You could add material to the "show" that would lend it artistic and/or literary value, perhaps forestalling an obscenity bust. Have your actress recite lines such as "O Romeo, Romeo!"

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Answered on 10/22/10, 9:24 pm
Terry A. Nelson Nelson & Lawless

If you are charged with some variation of prostitution, feel free to contact me for the legal defenses you'd need. Just being 'right' doesn't mean you can't be arrested.

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Answered on 10/24/10, 2:41 pm


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