Industry News

AZ Says Porn, Stay Out!

From http://www.ynot.com/content/117693-phoenix-attorney-adult-industry-faces-jail-time-az.html

Phoenix Attorney: Adult Industry Faces Jail Time in AZ 
by Marty O’Brien 



The Maricopa County Attorney has a piece of advice for adult studios considering a move to Arizona in order to avoid the condom requirements popping up all over Southern California: Don’t.

On Tuesday, Bill Montgomery distributed an official statement saying adult film producers may be prosecuted under Arizona’s prostitution laws if they pay performers to appear in their films.

“Furthermore,” the statement noted, “anyone involved in other aspects of producing pornographic movies, including soliciting individuals to appear, collecting a fee from the monies received by individuals solicited to appear by virtue of an agent relationship, transporting individuals from California to Arizona for the purpose of appearing in a pornographic movie, and/or establishing a venue for the filming and/or production of pornographic movies may be guilty of committing one or several felonies in the state of Arizona.”

The statement also noted prostitution convictions in the state carry “mandatory jail time as well as the possibility of other penalties.”

Arizona law offers a broad definition of prostitution, defining the crime as “engaging in or agreeing or offering to engage in sexual conduct under a fee arrangement with any person for money or any other valuable consideration.”

Montgomery’s comments apparently were precipitated by recent adult industry debate about whether it’s time for studios to abandon their traditional digs in the San Fernando Valley north of Los Angeles in favor of other locations where condom usage on adult movie sets hasn’t been hardwired into local law. L.A. and several surrounding municipalities and counties either already have passed “condoms required” mandates or are considering them.

Arizona and Nevada have been mentioned as possible new hubs if the industry does bail out of California, which is one of only two U.S. states where adult movie production is legal. The other is New Hampshire.

According to Montgomery, increasingly conservative Arizona may not be inclined to change its statutes in order to accommodate an industry conservatives feel should not exist at all. State statutes outlaw the existence of “prostitution enterprises,” which are defined as “any corporation, partnership, association or other legal entity or any group of individuals associated in fact although not a legal entity engaged in providing prostitution services,” according to Phoenix CBS affiliate KPHO.

“Enterprise,” in legal vernacular, usually implies “criminal conspiracy,” a wide-net class of felonies prosecutors — especially conservative prosecutors running for re-election — find particularly appealing as targets.

Would Montgomery or other Arizona political animals demand prosecution of porn producers, should any have the temerity to shoot in the Grand Canyon State? There is no clear answer, but Montgomery’s website offers clues: He’s running for re-election in 2012 and courting Tea Party voters. He’s also a proud member of notable conservative groups including the National Rifle Association, National Right to Life and The Federalist Society. The latter is an organization of conservatives and libertarians seeking reform of the legal system based on a literal, textual interpretation of the U.S. Constitution.

Montgomery’s spokesman equivocated when Phoenix’s New Times asked for comment about the county attorney’s intentions.

“There have been people doing all kinds of things that are illegal, but not everyone’s caught and prosecuted,” Jerry Cobb told New Times, adding that no one in the county has faced prostitution charges related to the production of pornography in the two years Montgomery has held office.

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