CHATSWORTH, Calif. - HOM has been in the adult industry for thirty years specializing in bondage and discipline, but the company was inactive for a few years, and is now back into full production. I have asked three attorneys questions about any changes in the legality of having sexual scenes while an individual is restrained in bondage.
I have been told that it is completely legal, that it is completely illegal, and that it is legal, but might subject me to harassment by law enforcement. We certainly do not produce anything which would insinuate or simulate that the persons in bondage are extremely young, in fact most of our submissives are male. I would appreciate any information you might be able to furnish on the legality of an individual having what appears to be forced sexual submission while restrained in bondage. Roger - HOM Entertainment Inc.
As with any depiction there is nothing that is per se illegal when it involves adults. It is subject to the Miller test like anything else. It will depend community by community as to whether the average adult will deem the depiction to exceed community standards etc. Obviously the more extreme the depiction is the more likely it will be selected by the police and the more skill your defense attorney will need to convince a jury that it does not violate the obscenity laws
