If obscenity is illegal? What is considered obscene?

Today I want to talk to you about the law. I honestly thought the most basic of this information everyone knew. Yesterday I was proven wrong as an established adult performer who had been in the industry for many years Tweeted about wanting to post videos of her boyfriend peeing on her in the shower. obscenity Now I would assume that the average content creator, especially someone who has been in the industry for years, would have known that could get her arrested. I seriously thought that. I was quickly proven wrong, with other performers joining in the conversation to say they post videos like this too. I can't tell you how surprised I was that this many content creators didn't realize that posting this kind of content could get them arrested. So I wanted to take a moment to do my part to share a bit of the law with you regarding adult content creation. Before we do, however, I need to be very clear here. I am not a lawyer. Nothing I say to you should be considered legal advice. I am only sharing information with you based on my own personal experience that may or may not be right for you. If you have a legal question, you should always consult a licensed attorney. In general, producing adult content isn't against the law. However, not all adult content is legal to produce. What is deemed illegal is what one's neighbors might consider "patently offensive."
Patently offensive is a term used in United States law regarding obscenity under the First Amendment. The phrase "patently offensive" first appeared in Roth v. United States, referring to any obscene acts or materials that are considered to be openly, plainly, or clearly visible as offensive to the viewing public.
The reason I can't tell you exactly what is considered patently offensive is because it varies based on where you live. If you live in a rural town in Oklahoma, then those neighbors might easily be offended by certain things that a random guy from New York City might consider no big deal. These rules have nothing to do with Visa or Mastercard or platforms like OnlyFans. This is about federal law. In fact, if you get nailed for producing "obscenity," you face going to real ass prison. If convicted, you might face fines and up to 5 years in prison per offense. This isn't a far-fetched theory that could happen. There are more than a few people in the adult industry who have been arrested for violating this law, including John Stagliano (Evil Angel), Larry Flynt (Hustler), Rob Black, Max Hardcore, Steve Hirsch (Vivid Video), adult performer Lizzy Borden, Kimberly Kupps, and her husband. There are more, but these are just a few off the top of my head.
Obscenity laws are concerned with prohibiting lewd, filthy, or disgusting words or pictures. Indecent materials or depictions, normally speech or artistic expressions, may be restricted in terms of time, place, and manner, but are still protected by the First Amendment.
So how do you know what to avoid? Again not giving you legal avid here, but I personally use what I like to call the OnlyFans cheat. They have a list of banned keywords, and for the most part, if the content you are producing is on that list of keywords, it's probably going to be considered obscene. First, let's look at the list ....
Rape, Raped, Rapable, R-a-p-e, Rapeable, Raper, Rapes, Raping, Rapist, Reipu, Rpae, Force, Forceable, Forceful, forcefully, Forcer, Forces, Forcible, Forcing, Forcingly, Forced, Piss, Pissing, Pee, Peeing, Defication, Pedo, Peto, Pre-teen, Pedophile, Child like, Childhood, Childlike, Children, Infancy, Infant, Infant like, Infanthood, Infantlike, Infants, Minor, Paedophile, Paedophilia, Paedophiliac, Pedofile, Pedophiliac, Peta, Petafile, Petaphile, Preteen, Seventeen, Sixteen, Under age, Under aged, Under-age, Underaged, Young teen, Young teens, lolicon, 6teen, 7teen, Incest, Incestuous, Incestus, Brother, Dad, Daddies, Daddy, Daughter, Father, Sister, Son, Law enforcement, Mama, Mammi, Mammy, Mom, Mother, Animal, Bestiality, Underage, Child, Kid, Kids, Lolita, Zoo, Scat, Jail bait, Young+Teen, Tied, Hammered, Chains, Crime, Abduct, Abducted, Abduction, Asleep, Sleep, Sleeping, Sleeps, Slept, Nap, Dream, Kidnap, Kidnaped, Kidnaper, Kidnaping, Kidnapped, Kidnapping, Murder, Murdered, Murderer, Murdering, Murders, Violate, Violated, Violates, Violating, Violation, Violence, Violent, Asphyxia, Asphyxiate, Asphyxiated, Asphyxiates, Asphyxiating, Asphyxiation, Gagged, Tentacles, Tenicles, Tentacle, Tenticles, Alien, Animals, Barn, Beast, Farm, Monster, Illegal, Counterfeit, Pharm, Pharmacy, Prescription, Family, Poo, Hate, Loaded, Puke, Puked, Pukes, Puking, Vomit, Vomited, Vomiting, Vomits, Wake, Gamble, Gambling, Escort, Golden showers, Urine, Watersports, Gun, Knife, Sword, Hypno, Hypnosis, Hypnotised, Hypnotism, Hypnotize, Hypnotized, Hypnotizes, Hypnotizing, Pass out, Passed out, Passing out, Sedate, Sedated, Sedately, Sedateness, Sedates, Sedating, Sedation, Unconscious, Unconsciousness, Unwilling, Unwillingly, Unwillingness, Incest, Molest, Molestation, Molested, Molester, Molesting, Molests, Celebrity, Enema, Blood, Bled, Bleed, Bleeding, Bleeds, Chloroformed, Chloroform, Chloro, Chloroformic, Chloroforming, Chloroformism, Chloroforms, Brutality, Brutal, Brutalisation, Brutalization, Brutalize, Brutalized, Brutalizes, Brutalizing, Brutally, Mutilation, Mutilating, Mutilator, Mutilate, Mutilated, Mutilates, Scatophilia, Tipsy, Drink, Beer, Drunk, Drunken, Drunkenly, Drunkenness, Liqor, Liquor, Vodka, Wasted, Drug, Drugs, Drugged, Drugging, Intoxicate, Intoxicated, Intoxicating, Intoxication, Incapacitated, Pedophilia, Necrophilia, Bestiality, Zoophile, Zoophilic, Torture, Spank, Spanking, Suffocate
The first few words all deal with rape or force. This one should be obvious. If a person can't or doesn't consent, then it's wrong. Yes, even in a "fantasy." The supreme court once famously said, if it looks like a duck and quakes like a duck, we're going to call it a duck. So that means that if you are pretending to rape someone, then they are going to assume you are trying to rape someone. There are a lot of alcohol-related keywords on that banned list, like beer, dunk, and hammered. Why? Well, because if a person is drunk or high, they can't legally consent to something. If they can't consent, then you just raped them. Now let's go to what I assumed was obvious but apparently not: "Golden showers, Urine, Watersports, Poo, Scat." These words are on the banned keyword list because you can't post videos of your boyfriend peeing on you in the shower, not can you post videos of you pooping on your boyfriend. This is "obscene," and as we learned earlier, producing adult content may be legal, but producing obscenity is not. I must say I'm surprised how many people know that producing adult content with someone under 18 is illegal but don't realize that you can't post videos of your boyfriend pissing on you in the shower. Next, you'll find things like " Kidnap, Kidnaped, Kidnaper, Kidnaping, Kidnapped, Kidnapping, Murder, Murdered, Murderer, Murdering, Murders," on the OnlyFans list of banned keywords. Why? Well, because you can't pretend to kidnap and murder someone and have sex with their dead body. Also, if you just kidnap them and then have sex, well, that means they can't consent. You can't coerce someone into having sex with you (legally). They have to consent of their own free will. Coercion is not consent. If a person is unconscious, asleep, or sedated, they also can't consent. This means you shouldn't make a video about having sex with an unconscious, asleep, or sedated person. See where I'm going with this? It's important that you remember the laws regarding obscenity are put in place by the US government. This has nothing to do with Visa, Mastercard, or the platform itself. So if you find a platform that allows you to post this kind of content, you should be careful doing business with them for a variety of reasons, but mostly because if they are willing to break federal laws and risk going to jail, they probably aren't going to be all that trustworthy with your money. There is so much you can legally do, so don't risk getting in some real serious legal trouble to push the boundaries. Don't post videos of urination or poop. Don't post videos of you vomiting on some guy's dick. Don't post videos of you having sex with animals. It's not worth it. I promise. In the end, you'll be the one going to jail for it, not the guy who paid you to make the video or the fans who demanded it. You have to look out for yourself. You have to think about your future. Paying a lawyer to defend yourself in a case like this is astronomically expensive. You not only have to hire a criminal lawyer, but one who specializes in first amendment rights, and those guys are crazy expensive. A regular lawyer might only charge like $100 to $300 an hour. But a guy that you need to defend you in a case like this can easily cost you $700 to $1500 an hour, and they will want an insane amount of money up from for a retainer. So please, all that I ask, is next time you are making adult content, think about the reasons those words might be banned on platforms. It's not because they are trying to censor you or don't want you to make money. It's because they don't want to get arrested, either.        

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