Q: Is it illegal to help a prostitute create and post a video advertising her services?
Does it make any difference if it is being filmed with an audience in mind? I believe in pornography laws exist to protect sex acts if they’re being filmed. Does it matter if money is being exchanged? Such as I am paying her to make a video or she’s paying me to make a video.
A:
MD Code, Criminal Law, § 11-105:
Prohibited--Display
(a) A person may not knowingly display for advertising purposes a picture, photograph, drawing, sculpture, or other visual representation or image of an individual or portion of a human body that:
(1) depicts sadomasochistic abuse;
(2) depicts sexual conduct as defined by § 11-101(d)(1), (2), or (3) of this subtitle;
(3) depicts sexual excitement; or
(4) contains a verbal description or narrative account of sadomasochistic abuse, sexual conduct, or sexual excitement.
Prohibited--Allowing display
(b) A person may not knowingly allow a display described in subsection (a) of this section on premises that the person owns, rents, or manages.
Penalty
(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
While you may not be the person who actually displays the advertisement on your site or premises, you may potentially be guilty of a conspiracy to violate this section, or in aiding and abetting the violation of this section.
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