Report Takes Look at Legalities of Shooting Adult Content in Arizona

Report Takes Look at Legalities of Shooting Adult Content in Arizona

PARADISE VALLEY, Ariz. — The Arizona Republic published a news piece today that takes a look at the legalities of shooting adult content in your own home in the state of Arizona.

Recently, the national media reported on an unusual story about a home deal that had gone awry.

A homebuyer withdrew a $1.8 million offer on a Paradise Valley home because, lo and behold, the 4,172-square-foot home was used as a backdrop in some adult scenes.

Owners of the home are the husband-and-wife operators of longtime adult site, which has offered since 1998 the “web’s most well-endowed, orally obsessed, horny housewife and MILF.”

To mark the site’s popularity, “Wifey,” who is a busty 34F “amateur MILF and horny housewife wifey,” has more than 368,000 Twitter followers.

According to authorities, there is no Arizona statute specifically listing the taping of porn as a disclosure item in a home sale.

But what about the legality of shooting porn or performing live in front of a cam in Arizona?

California and New Hampshire are the only states where porn production is explicitly legal.

The Republic today reported that when it comes to shooting adult content, operators are safe in at least two cities — Scottsdale and Phoenix.

“In at least two of Arizona's biggest cities, it is legal to film pornography for profit in a home as long as the stars actually live there,” the Republic wrote. 

Holly Walter, a spokeswoman for Scottsdale, is quoted as saying that it "would likely be permitted," and that it would not fall under the city ordinance that regulates other sexually oriented businesses such as strip clubs, meaning at-home performers would not be required to get a license or permit.

Walter told the Republic that anyone recording pornography in their Scottsdale home would not be allowed to hire someone who doesn't live in the home, per zoning code, effectively preventing them from running a porn studio out of their home. They also would not be allowed to work in their garage, display signs or advertising outside, or attract too much traffic. 

"I suppose if you wanted to star in your own webcam series, you could," Walters said.

Phoenix spokesman Nickolas Valenzuela relayed a similar analysis of Phoenix code to the Republic, adding that even though such stars would be running a business out of their home, in most cases, "we wouldn’t even know."

The article includes commentary from industry attorney Marc Randazza of Randazza Legal Group, who is quoted from a 2016 report in Nevada Law Journal.

"Arizona does have a much broader definition of prostitution than California," wrote Randazza, who noted that one court case opinion implies "that porn producers can roll film from Winslow to Bisbee and everywhere in between."

Randazza noted that a little-known piece of Phoenix history set precedent that likely would protect adult actors in Arizona.

In a case involving commercial live sex acts, the Arizona Court of Appeals "seemed to cast an approving gaze toward the creation of adult films in Arizona," in part because it "made it clear that legitimate theatrical productions featuring sex shows would have to be left alone," Randazza wrote in the Nevada Law Journal piece. 

"It simply makes little sense that the Arizona Court of Appeals would point to legitimate live sex productions as protected, but would hold differently if there were film involved."

Read the Republic story here.