http://randazza.wordpress.com/2008/03/18/why-is-prostitution-illegal-but-pornography-is-not/
"The Court noted that for an act to constitute prostitution, “the genitals, buttocks, or female breast, of either the prostitute or the customer must come in contact with some part of the body of the other for the purpose of sexual arousal or gratification of the customer or of the prostitute.” Id (citing People v. Hill (1980) 103 Cal.App.3d 525, at 534-535). Since the payment of the acting fees was the only payment, there was no evidence that any payment was made for the purpose of sexual gratification.
Defendant, the payor, thus did not engage in either the requisite conduct nor did he have the requisite mens rea or purpose to establish procurement for purposes of prostitution. People v. Freeman
The First Amendment Issue
Even if defendant’s conduct could somehow be found to come within the definition of “prostitution” literally, the application of the pandering statute to the hiring of actors to perform in the production of a nonobscene motion picture would impinge unconstitutionally upon First Amendment values. People v. Freeman"