This will be the last of my 5 articles pertaining to content production for Content Creators that post their content up for sale on various platforms such as OnlyFans.com, AVNStars.com, JustFor.Fans and even ManyVids.com and Clips4Sale.com.
If you missed the first four articles you can find them here;
Part 2 – https://adultbizlaw.com/2020/05/19/new-to-onlyfans-heres-what-you-need-to-know-part-2-class-is-in/
The final article in this series will focus on shooting porn or flashing content in public. This is a relatively quick and simple answer – DO NOT shoot content in public. Public places are generally defined by whether you may be seen by others. Beaches, parks, forests, shopping malls, libraries, gas stations and even in your own car are defined as public places. Even if you are in an area that you believe to be deserted but you do not have control over that would still be considered public. For example, a deserted quarry pit or an old road leading to an abandoned mine. These types of locations may seem perfectly fine to shoot at, but they are still considered public lands/locations.
If you are lucky enough to own a large farm or a friend that owns a piece of property large enough where you absolutely cannot be seen by neighbors, then you can shoot as you wish since that would be considered private property.
What Happens if I’m Caught Shooting in Public?
This really depends on what you are doing and whether law enforcement deems the situation to be serious. The least severe punishment might be a simple warning to stop shooting and leave the area. The next level might be that you are given a misdemeanor paper citation for public nudity and your content and or cameras are seized by the police as evidence of a crime. The worst possible situation is that the police believe you committed a felony; your content and cameras would be seized and then you would be arrested, placed into handcuffs, booked into a holding cell and then arraigned in court. If so, you will need to make bail in order to be released. Misdemeanors don’t usually require an actual physical arrest. You are given a paper citation and told when to show up for your court date – like a traffic ticket. If you do not appear on the court on that date, a bench warrant will issue for your arrest though.
These types of crimes in California (public nudity and/or lewd acts in public) are referred to as wobblers. A wobbler crime may be a charge as either a misdemeanor (up to 1 year in jail) or a felony (more than 1 year in prison).
Lewd conduct in public is defined as “…every person who commits any of the following 
acts is guilty of disorderly conduct, a misdemeanor: (a) An individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.” Lewd conduct can also occur if you touch your genitals, buttocks or female breasts in public for the purpose of sexual gratification, or to annoy or offend someone else. The more serious the lewd conduct the more likely you will be charged with a felony instead of a misdemeanor. If you are engaged in public sex, it is fairly reasonable to believe that you will receive a felony charge.
California Penal Code 314 PC prohibits the sex crime of “indecent exposure.” This means willfully exposing your genitals to someone else, motivated by a desire to sexually gratify yourself or offend the other person.
You may only be charged with disturbing the peace. Penal Code 415 PC is the California statute that defines the crime of disturbing the peace. Disturbing the peace can be filed as either a misdemeanor or a noncriminal infraction.
Needless to say, none of these situations are desirable for you.
You may also be charged with a criminal violation of shooting without a permit. In many California cities, in order to shoot content for a commercial purpose you need to have secured a filming permit to do so. Failure to secure a filming permit is a misdemeanor.
Can My Content be used as Evidence ?
Yes, your content can absolutely be used as evidence against you in a criminal matter. That rarely happens but it has occurred in criminal cases and with violations brought by CalOSHA against companies that did not use condoms or other protective barriers.
There have been several recent cases where Content Producers have been charged with criminal offenses solely based on complaints made to the police – after – the content was posted to their website or account. While you may not get “caught in the act” you can still be prosecuted after the fact, especially if the locations used in your content are well known and/or other people appear in the videos.
Should I be Worried if I have Public Sex or Nudity Content Posted on my Site ?
Yes you should. Depending on when the content was produced, if you fall within a statute of limitations for a particular crime, you can still be prosecuted. It does not require the police to initially investigate you. A report of a crime can come from anyone in the community – someone who lives in your town, a former friend, family member or former significant other that might have a vendetta against you. Whether such a complaint will be taken seriously by the police and/or the District Attorney’s Office depends on a lot of different conditions, including where you live, how busy law enforcement is, how much press did your content receive by the mainstream media and how explicit the content really is. There is no way to tell you which cases will be prosecuted and which cases will not be prosecuted. These types of crimes are wide open to selective enforcement. Obviously, producing public porn in a small community carries the greatest risk.
Conclusions
This issue is completely dependent on your own level of risk you choose to take with your production. As a lawyer, I can only tell you that shooting nudity and/or sex in public is a crime in most jurisdictions. While the above mentioned laws all pertain to California, I can assure you that your state/county/city has similar laws. If you have shot and posted content to your site or account involving public nudity and/or sex you should contact a criminal lawyer in your area and inquire as to what criminal statutes your actions may violate.
If you believe that you will not be caught, I can tell you that the crimes mentioned in this article are some of the most common I see people being charged with for the production of pornography through-out the United States.
AdultBizLaw.com 
Leave a comment