A New York judge has enunciated the legal distinction between prostitution and paying someone to participate in sexual activity to make a porn film, writing that prostitution requires person A paying person B for sexual actions on A, while pornography involves person C paying B for sexual activity performed on A. The distinction arose because the defendant, accused of running a multimillion-dollar prostitution ring, argued that not charging the "Goliaths" of the porn industry was selective prosecution.
Judge Sees No Link Between Prostitution, Paying for Sex to Make Films
New York Law Journal
August 2, 2005