Differentiating porn from pandering

In most states, producers of adult entertainment face possible charges of "pandering," or paying persons to perform sexual acts (a charge ordinarily levied against "pimps" and other coordinators of prostitution services). But the California Supreme Court's decision in People v. Freeman (46 Cal. 3d 419 [1988]) held that a person does not commit pandering if the purpose of the payment is the production of a legal entertainment product rather than the sexual gratification of an actor or observer. A New York district court recently reached a similar result (People v. Paulino, 6687/04 [2005]), but the production of adult entertainment in other states continues to present significant legal risk.

http://people.hbs.edu/bedelman/papers/redlightstates.pdf