State v. Taylor

OPINION

FIDEL, Judge.

May the state secure prostitution convictions and avoid the burden of proving obscenity against women who, in the setting of a sex show theatre, perform sexual acts upon each other for the gratification of customers who pay to watch? That is the central question of this case. Defendant claims on appeal that, because the acts were in the nature of theatrical performance, the state was obliged to prove obscenity to establish that they lacked protection of the First Amendment. The state responds that, whatever their expressive content, these were acts of prostitution as…