Q&A: Masturbation on Film

Question: In North Carolina would it be considered solicitation to pay someone to masturbate on film for the purposes of producing and distributing video for a pornographic website? No actual intercourse would be involved.

Our Answer: Under North Carolina Statutes the “Solicitation for Prostitution” you are asking about is only intercourse. see NCGS 14-203.  The term “prostitution” shall be construed to include the offering or receiving of the body for sexual intercourse for hire, and shall also be construed to include the offering or receiving of the body for indiscriminate sexual intercourse without hire. 

However you would be violating other laws in North Carolina such as NCGS § 14‑190.5. Preparation of obscene photographs, slides and motion pictures. Every person who knowingly: (1) Photographs himself or any other person, for purposes of preparing an obscene film, photograph, negative, slide or motion picture for the purpose of dissemination; or (2) Models, poses, acts, or otherwise assists in the preparation of any obscene film, photograph, negative, slide or motion picture for the purpose of dissemination, shall be guilty of a Class 1 misdemeanor. 

It is interesting to note that the legislature knew that too many police would be getting warrants to look at pornography so they only allow a search warrant with the signature of an attorney. This is the only crime that I know of which the legislature did not authorize police to get search warrants: § 14‑190.20. “Warrants for obscenity offenses. A search warrant or criminal process for a violation of G.S. 14‑190.1 through 14‑190.5 may be issued only upon the request of a prosecutor.” 

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