help please "porn laws"

[SmutHammer]

March 2nd 2009 we launched www.lilcandy.com at 4pm March second we were raided by the police for distribution on obscene content because male and female genetals were touching. they took everything we own, know we just have to sit and wait to see what happens. the site records were being held in Kentucky.

I'm trying to find out if anyone knows the porn laws for Florida? and if there are certain area's we should go to or stay away from. I'm hopeing that Daytonna beach is a ok place to start the business back up in.

if anyone has any comments or info please respond!

[bo$$]

Wait so why did they raid your shit?

Because a pussy and a penis were touching? That makes no sense?

Were the models underage or what?

[INever]

Dude, if you were raided I'd suggest contacting an attorney. The AVN site has a list of attorneys, I think.

[burntfilm]

seriously? that's some strange shit right there. Florida may not be your best bet dude...

[Profits of Doom]

Wasn't Lil Candy that skinny teen that also went by Mandy Main? I'm guessing because you list your location as Kentucky/Ohio you are either in Cincinnati or right over the border?

[SmutHammer]

ummm. yes Candy did go by Mandy in one scene, but never again since.
she is 19 years old. and i guess it's just a bs. obsenity law that they have here.
I'm in Nky. northern Ky. 10 miles from downtown cincinnati. I guess florida is out, just found out they are trying to make porn considered as prostitution, which is a felony in florida. I contacted a lawyer, but California lawyers from avn.com won't really help since we are so far away. I heard that West Verginia has no obsenity laws, does anyone know if this is true? maybe Atlanta Ga.?

[bo$$]

Originally Posted by 888works

ummm. yes Candy did go by Mandy in one scene, but never again since.
she is 19 years old. and i guess it's just a bs. obsenity law that they have here.
I'm in Nky. northern Ky. 10 miles from downtown cincinnati. I guess florida is out, just found out they are trying to make porn considered as prostitution, which is a felony in florida. I contacted a lawyer, but California lawyers from avn.com won't really help since we are so far away. I heard that West Verginia has no obsenity laws, does anyone know if this is true? maybe Atlanta Ga.?

Try Pennsylvania. Ive been running my biz in pittsburgh for 2 years, no problems whatsoever

[SmutHammer]

http://www.moralityinmedia.org/nolc/

so far it seems that only a hanfull of states don't have obcenity laws. California is the only state protecting porn. but it's very far, and exspensive there.... I think we'll keep checking into west verginia. Pa. sounds great, seeing as how I'm from Erie. but I don't want risk this happening again.

[Xxaru Media]

Originally Posted by 888works

March 2nd 2009 we launched www.lilcandy.com at 4pm March second we were raided by the police for distribution on obscene content because male and female genetals were touching. they took everything we own, know we just have to sit and wait to see what happens. the site records were being held in Kentucky.

I'm trying to find out if anyone knows the porn laws for Florida? and if there are certain area's we should go to or stay away from. I'm hopeing that Daytonna beach is a ok place to start the business back up in.

if anyone has any comments or info please respond!

Wait, you were raided on the very same day that you launched the site? Was someone you know tipping off the feds?

[SmutHammer]

We had a coming soon page for a couple months. and it had a launch date on it. there is no surprise that they knew what day it was going up. this is such a struggle trying to find a safe place to move the business to.... Wv just seems way to boring... and being a small comunity I'm worried they'll do the same thing, even though there are no obcenity laws, i'm sure they would come up with a reason somehow.

[MasturbateFun]

I don't understand, you were raided by officials in FL? but live in KY?

[jmcb420]

I went to google and typed in lilcandy.com. Alot of the descriptive terms that pop out for her are ones I wouldnt want on any of my sites. Is it possible that in addition to your penis/vagina malfunction that you may have also used language that the law would deem bad?

[Xxaru Media]

Originally Posted by 888works

We had a coming soon page for a couple months. and it had a launch date on it. there is no surprise that they knew what day it was going up. this is such a struggle trying to find a safe place to move the business to.... Wv just seems way to boring... and being a small comunity I'm worried they'll do the same thing, even though there are no obcenity laws, i'm sure they would come up with a reason somehow.

But of the thousands of porn sites, how did they zero in on yours? Something just doesn't add up here. It sounds like we're not getting the whole story. BTW, are there any stores in your state/county that rent/sell porn videos? And were you producing all the content yourself?

[SmutHammer]

1. Ky police raided us in Ky. We were looking into moving to FAlorida.

2. as far as googling lilcandy.com we didn't do any seo work yet. and I pulled the sight from the web during this investigation.

3. I just found out how this all started. We went to Tn. and l. for vacation, when we got back we found out we were robbed. of corse, We called the police and reported it. while the detective was here he thinks he found probable cause to search the place. they say they are mainly just looking for child porn, but we don't do that crap, and there is no reason for them to suspect us of it. as far as Candy looking young, they have her birthdate on the warrent! and the warrent is made for distribution of obcene content. there are many adult stores in Ky. but none in this area. and yes, I was producing all our content.

[MasturbateFun]

Fishy....

[neb]

Keep in mind the state of Kentucky tried to seize 150 domain names because they were gambling domain names.

[pornlaw]

Seriously call an attorney. You are looking at possible jail time.

Attorneys in the adult business handle cases all over the US. I have clients on the east coast and I am in Los Angeles. You really will not find anyone "local" in your town that can or would help. And yes, its probably going to be expensive. That is one of the problems of producing porn if you are caught. Its also expensive to hire an attorney if you were busted for any crime.

Closer to you than a lawyer in California is JD Odenberger and Reed Lee in Chicago. I am sure there are lawyers in Cincinnati that can help. Flynt has had his own legal problems in there. Let me know if you would like a referral.

I have a relationship with a firm in Kentucky that can pro hoc vice for me in Kentucky if you need help as well.

As for reopening the site, be careful. At this point, until you know more in regards to the investigation I would not recommend it. And as for moving to a different state, you might not be able to leave the state. I do not know what you were charged with and were in the process your prosecution is.

Good luck and let me know if I can assist in anyway.

[Stephen]

Originally Posted by bo$$

Try Pennsylvania. Ive been running my biz in pittsburgh for 2 years, no problems whatsoever

You'll want to avoid that

XBIZ Breaking News: Extreme Associates Case Ends in Guilty Pleas

PITTSBURGH ? Rob Black, Lizzy Borden and their company, Extreme Associates, pleaded guilty before U.S. District Judge Gary L. Lancaster to one count each of conspiracy to distribute obscene materials. Sentencing is scheduled for July 1.

[SmutHammer]

wow, so they are going to do time?!?!? I'll make sure and fight it if they try to charge me for distribution of obcene content. I was told it was only a small fine.

[SmutHammer]

Originally Posted by pornlaw

Seriously call an attorney. You are looking at possible jail time.

Attorneys in the adult business handle cases all over the US. I have clients on the east coast and I am in Los Angeles. You really will not find anyone "local" in your town that can or would help. And yes, its probably going to be expensive. That is one of the problems of producing porn if you are caught. Its also expensive to hire an attorney if you were busted for any crime.

Closer to you than a lawyer in California is JD Odenberger and Reed Lee in Chicago. I am sure there are lawyers in Cincinnati that can help. Flynt has had his own legal problems in there. Let me know if you would like a referral.

I have a relationship with a firm in Kentucky that can pro hoc vice for me in Kentucky if you need help as well.

As for reopening the site, be careful. At this point, until you know more in regards to the investigation I would not recomend it. And as for moving to a different state, you might not be able to leave the state. I do not know what you were charged with and were in the process your prosecution is.

Good luck and let me know if I can assist in anyway.

yes please let me know who tthe firm in Ky. is. so far there are no charges, the warrent was issued for distribution of obcene content. they say they are looking for child porn. and that as long as they don't find any of that then I'll get my stuff back and can move. maybe get a small fine. I don't do any child porn and don't view it at all, so they won't find anything like that. as far as distribution, they raided us the same day as the sight tour going up. the sign-up page wasn't up so there was no distribution.

[pornlaw]

The firm I have a relationship with in Kentucky doesnt handle obscenity. They would allow me to practice under their license in Kentucky... I am in California.

A forum message board is not the right way to discuss this... contact me via email and we can talk further and I can give you a referral that way.

michael[at]fattlegal.com

[pornguy]

Well you got the help you were seeking. I hope things work out ok.

[Profits of Doom]

If the above attorney doesn't work out try Louis Sirkin, his main office is in Cincinnati (Sirkin Pinales & Schwartz) and he also has an office in Kentucky. I lived in Dayton, Ohio for a number of years running porn stores and strip clubs and he was our attorney, and he specializes in adult, obscenity and First Amendment law. His website is http://www.sirkinpinales.com/.

Good luck man, I fucking hate the Cincinnati/Northern Kentucky area for that exact reason. You're talking about an area that went after Marriott hotel chains for offering pay-per-view porn...

[SmutHammer]

Originally Posted by Profits of Doom

If the above attorney doesn't work out try Louis Sirkin, his main office is in Cincinnati (Sirkin Pinales & Schwartz) and he also has an office in Kentucky. I lived in Dayton, Ohio for a number of years running porn stores and strip clubs and he was our attorney, and he specializes in adult, obscenity and First Amendment law. His website is http://www.sirkinpinales.com/.

Good luck man, I fucking hate the Cincinnati/Northern Kentucky area for that exact reason. You're talking about an area that went after Marriott hotel chains for offering pay-per-view porn...

ok thanks, did you finally just get sick of them hasstling you and move?
I talked to the detective and he said he is giving me my stuff back soon. but as far as any charges being filed, he doesn't have control of that. I guess I'll wait and see if anything is filed before I contact a lawyer.

[Profits of Doom]

Originally Posted by 888works

ok thanks, did you finally just get sick of them hasstling you and move?
I talked to the detective and he said he is giving me my stuff back soon. but as far as any charges being filed, he doesn't have control of that. I guess I'll wait and see if anything is filed before I contact a lawyer.

The harassment never ended for the stores and clubs I ran, especially the Dayton store, but I finally got out of that side of the business and couldn't get out of that area fast enough. I'm on the Ohio/West Virginia border now, about 45 minutes or so from Pittsburgh, and while I'm sure it's just as bad here I only push traffic now and am not in a visible position where people know what I do.

If you speak to Louis Sirkin tell him "Louis from McCook's" sent you. He is expensive, but he is used to doing battle in that area, and hopefully will be able to get you off if it comes to that. I hope you get to launch that site, that girl is a real cutie...

[pornlaw]

I would also highly recommend Sirkin... He is the best attorney in your area and one of the best First Amendment attorneys in the country. As Profits indicated he is expensive but if you are looking at any serious jail time, you will want him in your corner.

[bo$$]

Originally Posted by Stephen

You'll want to avoid that

XBIZ Breaking News: Extreme Associates Case Ends in Guilty Pleas

PITTSBURGH ? Rob Black, Lizzy Borden and their company, Extreme Associates, pleaded guilty before U.S. District Judge Gary L. Lancaster to one count each of conspiracy to distribute obscene materials. Sentencing is scheduled for July 1.

damn.. never had any problems so far , knock on wood

[RevTKS69]

Originally Posted by 888works

I guess I'll wait and see if anything is filed before I contact a lawyer.

Call one now. A good lawyer can check out what's going on, and possibly keep charges from being filed in the first place. Once they are filed, they are public record and whether or not you are ever convicted, that charge will be associated with your name from now till the internet dies. People will see the charge, and not bother to find out what the final outcome was.

You want a lawyer sooner, rather than later.

[celandina]

For fuck sake, is this what America is turning into? "United States of Taliban" ? I think you guys should take your muskets out as your predecesors did or at least throw some tea in the Boston harbour. Where is your first ammendment rights ? Land of the free or the brave. This is so scary as wanting to make me puke.

[blue_circle]

yea, dude get an attorney

[bo$$]

Originally Posted by celandina

For fuck sake, is this what America is turning into? "United States of Taliban" ? I think you guys should take your muskets out as your predecesors did or at least throw some tea in the Boston harbour. Where is your first ammendment rights ? Land of the free or the brave. This is so scary as wanting to make me puke.

for real, we need to start a fucking revolution. i would be the first to start one, everyone is too pussy to

[iamsofuckingcool]

I am gonna rant here...

America is becoming a bunch of whiny bitches. This country is a competition. The American dream is a competition. Unfortunately the pussy political correctness police are winning. Eventually they are going to correct SO much that they start turning on each other.

I live in North Carolina.

I am in the Marine Corps.

Technically, by the law, I can't fuck my own wife any other way but missionary.

How fucked up is that.

Oh...sorry about your raid.

[peeperpimp]

Dude get your 2257 docs together (hope you have em in order) and any other docs pertaining to the models (can't hurt) then get that attorney & make your move before they make theirs.

[SmutHammer]

Originally Posted by peeperpimp

Dude get your 2257 docs together (hope you have em in order) and any other docs pertaining to the models (can't hurt) then get that attorney & make your move before they make theirs.

I had all my 2257 and model releases in folders in order. they came and took them all.

[pornlaw]

They cant seize those docs without a warrant. Even the DOJ doesnt seize them when they do an inspection. Seriously you need to contact an attorney.

[SmutHammer]

Originally Posted by pornlaw

They cant seize those docs without a warrant. Even the DOJ doesnt seize them when they do an inspection. Seriously you need to contact an attorney.

I have contacted a lawyer, waiting for the call back now.

[Rakie]

WOW, good luck man.. Terrible news, but id think they had to be watching you for something else in the first place.

[SmutHammer]

Looks like the Valley is the place for us, anyone wanna do some networking?

[shibumi2k]

Well this looks like a great spot for my {first gfy post}!

I've been lurking on gfy and trying to learn for several months - been sitting on ~20 domains for about 3 years - and just waiting for some spare time to start my new side venture - basically of the blog / splog variety - driving traffic and (hopefully) bringing in a lil bit o' fun money on the side.

BUT - this thread has certainly piqued my interest! I'm in the Tampa Bay area of FL, and I *know* we have alllllllllllllllllllllllllllllllllllll sorts for porn stuff going on 'behind the scenes' in this area, so I never thought that there would be any problem running an adult web biz from out of the house. But after reading this thread, and not too mention the trial we had here recently (forget the name, but I think it was Max something - for obscenity - and he was found guilty), I have to say, I'm a little more nervous about it.

Is there any need to be concerned if you're just doing blogs and driving traffic to your every day porn / video sites (I'm thinking of the Twisty variety - no out in left field fetish stuff)? I have no plans to produce any content on my own.

I'm planning to incorporate for this side biz - assuming that helps to protect me somewhat.

And something else I've wondered about - for those running blogs driving traffic - how do you manage your 2257 statements / files? I usually only see one link for it on a site and it usually points to one record holder, but, I'm assuming that each affiliate program you join has their own 2257 statement - and records, and model info - right? So which one do you post on your site.

Thanks for any help, suggestions - cuz this thread has really come as a surprise to me. Good luck to ya 888!

[SmutHammer]

you have to keep your own 2257 for any content you have on your website. it's up to you on what you do in florida, but cali is the only place with a law that protects porn. guess it really just depends how serious you are about it. if your not going to put a ton of time and effort in it your probably wasting your time. a simple website has a ton of work into it to be successful. just telling you my thoughts. we had 6 months of work into just launching a solo site.

[SmutHammer]

just thought I would update everyone. We still have not got anything back from the police yet (our computers camera's and things). No charges have been filed yet, but we are told they definatly plan on filing. other than that, we have really just been sitting around doing nothing waiting to see what happens......

[webdonkey]

erm, looking at your previous post , it was like ... more then a month ago... and you are still waiting for something to happen??

And your lawyer? did it help/ work out?

No charges after 1.5 months???

fucked up man !

gl to you !

[spider_x]

hmmm maybe bad choice in domain name

lil and little are words you want to avoid at all costs in porn

put you on their radar

if I am correct, georgie boy said even the simulation of underage is bad too, even if they arent actually underage

[pornlaw]

If they dont give you back your computers soon, you may want to file a governmental claim. It will force the issue of your charges though. Be careful though, it may cost you. You may chose to forgo trying to get your equipment back.

I had a client that had his cameras, computers and raw Mini-DVs confiscated and he had to file a governmental claim to get them returned. However, he was told there were no charges pending.

[killfranky]

They're just probably looking for a bribe ...

[lacuna]

I hope everything works out for the best.

[SmutHammer]

I'm just trying to wait it out for now, my lawyer said I can file against them for violation of my civil rights but it would be real exspensive. I'm just going to continue to wait it out, and am working on moving out of town right now. if they do press charges on me, thats when I'll fight back!

[SmutHammer]

Originally Posted by lacuna

I hope everything works out for the best.

very interested in your 3rd part record holing, 1$ per record? is that per4 month, year or? also is that per page or per release, my releases are usually 3 pages.

[SpinDoll]

Originally Posted by 888works

March 2nd 2009 we launched at 4pm March second we were raided by the police for distribution on obscene content because male and female genetals were touching. they took everything we own, know we just have to sit and wait to see what happens. the site records were being held in Kentucky.

I'm trying to find out if anyone knows the porn laws for Florida? and if there are certain area's we should go to or stay away from. I'm hopeing that Daytonna beach is a ok place to start the business back up in.

if anyone has any comments or info please respond!

They were definitely watching you, why I don't know but someone is out to get you. If merely a cock and pussy touching is obscene then I would have a thousand years to do. I would talk to Allen Lictenstein or Gary Piccionelle if I were you. There is no doubt that this is tyranny though. I was raided by the ATF a couple months ago for something they ordered. They stole me blind and left.

[brassmonkey]

lawyer up