How complex is it to start into the Adult Film business? 1 Answers as of September 20, 2013

What are the requirements needed to run a legit adult production business in the state of Illinois? Is it even permitted? What type of licenses, permits etc. are needed? How much to get everything up and going including legal fees and a steady attorney?

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It is almost impossible to run an adult film business in Illinois. Illinois Criminal Code 720 ILCS 5/11-20 makes it a crime to act in or direct an obscene performance. In this Illinois law, "obscene" is defined broadly as meaning it appeals to prurient interest and lacks serious artistic merit. There is a presumption in the law that if the circumstances of how the performance is created, advertised, or displayed makes it such that it is appealing to the prurient interest, the presumption is that it is lacking in artistic merit.

Second, under the Illinois prostitution law, it is illegal to offer or accept any money for any act of sexual penetration or touching. So even if you were to somehow create a sex film that was not obscene, if it involved any sort of real sexual touching, it would be illegal as prostitution, as solicitation of a sexual act, and as promoting prostitution. Making such a film might also violate the Illinois Public Indecency law. Illinois also has laws against Adultery and Fornication, both of which make it illegal to have sex with anyone other than one's spouse in marriage.

Third, even if you were using simulated acts only and were certain the acts were not obscene, your business would require zoning for an adult business. This is very difficult to find.

In a nutshell, Illinois law makes it nearly impossible to have a legal business making adult films. There are other places nationally where this is not so. However, be aware that if a film is considered obscene in any location to which it is delivered, the producer of the film might still be criminally liable in that location. This has happened and landed film producers in prison, so it is an important consideration
Answer Applies to: Illinois
Replied: 9/20/2013
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