In this guide
- Why consent is the first thing I check, not the last
- The law: age, ID and records
- Before the shoot: what you must know
- On the day: boundaries, protection and respect
- During the scene: the right to stop
- After the shoot: getting paid
- Red flags that should make you walk away
- What viewers can do
When people watch porn, they see the end of a process. What they do not see is everything that happens before the camera turns on: the booking, the conversation about boundaries, the ID check, the test check, the paperwork, the moment someone asks, “Are we good?”
I have worked in this industry for many years, and I can tell you that on a professional set, consent is not a vibe. It is a procedure. It is also the first thing that falls apart on a bad set. So let me explain both: how it should work and how to recognise when it does not.
The law: age, ID and records
The foundation is age. In the United States, 18 U.S.C. § 2257 requires anyone who produces sexually explicit content to create and keep records proving that every performer was at least 18 at the time of filming, based on an examination of identification documents (Cornell Law School: 18 U.S. Code § 2257). The detailed record-keeping rules are in federal regulations, 28 CFR Part 75 (eCFR: 28 CFR Part 75).
In practice, on every professional shoot I have done, before anything else happens, a performer shows government-issued photo ID, it is copied, and forms are signed. Productions must keep these records and publish a statement saying where they are held. That is why you see “18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement” pages on adult websites.
This law exists for a reason. It was added in 1988, after the scandal over Traci Lords, who was discovered to have appeared in adult films while underage using false identification. I wrote about her full story, and how she rebuilt her life, in Traci Lords: the scandal that changed the industry on House of Maximo.
On a professional set, consent is not a vibe. It is a procedure, and it starts days before anyone gets undressed.
Before the shoot: what you must know
The best guide I know to performer rights was written by performers themselves. The Adult Performer Advocacy Committee (APAC) publishes a Performer Bill of Rights (APAC). It says that at least a day before a shoot, a performer has the right to know:
- The content of the shoot
- The people they will perform with
- The expected length of the shoot
- The proposed pay
It also says performers are not required to perform acts that were not agreed before they arrived, and that “pressured negotiations and unexpected changes are not acceptable.” If another performer cancels on the same day, everyone should be told and the new performers should be comfortable working together.
This matters more than people think. A performer who agreed to one thing and arrives to find something different is in a vulnerable position: they have travelled, they need the money, the crew is waiting. That pressure is exactly what the Bill of Rights is designed to remove.
In the industry, performers commonly work from a list of what they do and do not do, often shared through their agent, so that a booking only happens if the scene fits those limits. A good director will go through the plan with both performers before shooting.
On the day: boundaries, protection and respect
According to the APAC Bill of Rights, on set a performer has the right to:
- Decline, professionally, any requested act they are not comfortable with.
- Specify their preferred STI protection, knowing that studios may not agree, and that accepting the scene is ultimately their decision.
- Request that their scene partner follows the same safety protocols they are comfortable with, and work only with performers who follow them. (I explain the industry’s testing system in how STI testing works in porn.)
- Be treated with respect as a hired professional at all times.
- Water on set, snacks for shoots up to six hours, and ideally a meal for longer days.
- Basic supplies such as lubricant, wipes and condoms where applicable.
- Not be pressured into sexual acts off camera at any time, before, during or after the shoot.
That last point is important. Professional sets have a clear line between work and personal life. Anyone who uses a booking as leverage for something off camera is breaking the most basic rule of the business.
The Free Speech Coalition, the industry’s trade association, also requires members to pledge to a Code of Ethics that includes treating every member of the industry “with respect and professionalism both on and off the set,” following policies to prevent workplace violence and sexual assault, upholding bodily autonomy, and following PASS testing protocols (Free Speech Coalition: Code of Ethics).
During the scene: the right to stop
This is the part people outside the industry find most surprising. The Bill of Rights says a performer has the right to decline or agree to any sexual act before or during a scene, even if they had previously agreed or declined. In other words, consent can be withdrawn at any moment, on camera.
It also says performers have the right to:
- Stop the scene and check in with the director if they feel uncomfortable or distressed.
- Call off a scene if health problems arise that would put a scene partner or others at risk.
- Voice concerns about health and safety and have reasonable remedies carried out.
The document is honest about the trade-off: if a performer changes what they agreed before the shoot day, the producer may cancel the scene if it no longer fits. That is fair. But nobody should ever be forced to continue.
From the male performer’s side, I want to add something. Consent is not just paperwork; it is also attention. During a scene, a good performer is constantly reading his partner: her face, her body, her voice between takes. Checking in, with a word or a look, is part of the job. Pornography is a performance, but the people in it are real, and if something looks wrong, you stop.
After the shoot: getting paid
Consent includes being paid what was agreed. The Bill of Rights says performers have the right to be paid their agreed fee according to the company’s usual method, without having to make repeated demands for payment, and without payments being unreasonably withheld. If you want to know what those fees typically are, read how much porn stars get paid.
Red flags
Based on these standards, here are the things that should make any performer walk away:
- You are not told who you are working with, what the scene is or what you will be paid until you arrive.
- Nobody checks your ID or your test status. A production that skips the law will skip your safety too.
- The scene changes on the day and you are pressured to accept “because everyone is already here.”
- Someone suggests that sex off camera will help your career.
- You are told you cannot stop, or that stopping means you will not be paid for work already done.
- Payment is always “next week.”
If you are new, this is exactly why working with a reputable agent matters. I explain how to find one, and the scams to avoid, in how to become a porn actor.
What viewers can do
Viewers have more power than they think. Watching content from legitimate producers who follow the law and respect performers, instead of stolen uploads on free sites, rewards the companies doing things properly. And never share content that you suspect was made or posted without consent. Sharing private sexual images without consent is a crime in many countries, and tools like StopNCII.org exist to help victims.
My view, after all these years: an industry built on sex has to be stricter about consent than anywhere else, not looser. The best sets I have worked on were the ones where everybody felt free to say no. Those were also the scenes that turned out best.
To follow my career, visit maximogarciaworld.com, and for the 18+ side of my work, fuckingpornstars.net. For more behind-the-scenes truth, read is porn real?. This article is general information, not legal advice.
Sources
- Adult Performer Advocacy Committee. Performer Bill of Rights.
- Cornell Law School LII. 18 U.S. Code § 2257: Record keeping requirements.
- eCFR. 28 CFR Part 75: record-keeping and record inspection provisions.
- Free Speech Coalition. Code of Ethics.
- StopNCII. Stop non-consensual intimate image abuse.
