Right to Shoot Porn Upheld in N.H.

CONCORD, N.H. — The state Supreme Court has ruled that a former district court bailiff who offered a couple $50 an hour to videotape them having sex was not guilty of prostitution, because there was no evidence he was satisfying his own sexual pleasure.

The court ruled that the opposite finding would illegally criminalize the production of a sexually explicit but not obscene movie, which is protected as free speech under the state constitution.

The California Supreme Court made a similar decision in California vs. Freeman in 1988, opening the way for adult video production to flourish in California.

"It seems like New Hampshire has their own Freeman case now," adult industry attorney Michael Fattorosi told XBIZ. "It’s nice to see that civil liberties and rights are still important in New Hampshire. There’s a lot of people filming around the U.S., so this bodes well for people being prosecuted in other states for filming content.

"I’m sure this case will have a spillover effect to neighboring states and other states throughout the union," he said.

Although the ruling favors Robert Theriault, 51, he remains convicted of a second charge of prostitution involving another couple which was argued by Theriault's attorney on a theoretical basis, that the state's prostitution law is too broad — because it could be applied to activities that are protected, like making movies — and should be thrown out.

Theriault's attorney was more specific in the case that he won, saying that Theriault needed would have to be considering his own sexual gratification when he approached the couple in order to be guilty of prostitution. Instead, the defense said, Theriault was simply making the kind of sexually explicit movie that is protected speech under the state constitution.

The justices agreed.

"There was no evidence or allegation that the defendant solicited this activity for the purpose of sexual arousal or gratification as opposed to making a video," the court ruled.

The court did not rule out the possibility that the state could outlaw the making of pornography. But the court said in order to do so, the state must show the filmmaker was in it for his own sexual arousal.

The prosecutor in both cases against Theriault said that he had not decided how to respond to the ruling. If the statute of limitations has not expired, Theriault could be charged again.

The entire opinion can be read here

Related:  

Copyright © 2025 Adnet Media. All Rights Reserved. XBIZ is a trademark of Adnet Media.
Reproduction in whole or in part in any form or medium without express written permission is prohibited.

More News

Abella Danger to Host 2025 XMA Creator Awards

the 2025 XMA Creator Awards, presented by premier creator platform Fansly.

Taylor Vixxen Stars in Latest From MYLF

Taylor Vixxen stars with Quinton James in the latest MYLF scene, titled “Clean My Pipes, Handyman.”

Adult Time Wraps Production on Bree Mills Feature 'MILF Oasis'

Adult Time has announced that production has wrapped on its new Transfixed drama, "MILF Oasis," written and directed by studio CCO Bree Mills.

Joi AI Joins Pineapple Support as Partner-Level Sponsor

Joi AI (formerly Eva AI) has joined the ranks of over 60 adult businesses and organizations committing funds and resources to Pineapple Support.

Sara Retali Stars in Latest From EnjoyX

Sara Retali stars with Nestor Zarc and Lucas Peracchi in a new “Star Wars” themed scene from EnjoyX.

Lulu Chu Makes Her Ricky's Room Debut

Lulu Chu has made her Ricky's Room debut in the studio's latest release.

Agatha Vega, Ophelia Purr Star in Latest From Brazzers

Reigning XMA Europas Female Performer of the Year Agatha Vega stars with Ophelia Purr and Van Wyle in the latest release from Brazzers, titled "Wake Up! It’s Time to Fuck!"

Violet Myers Breaks the Mold in New X3 Magazine Drop

Violet Myers takes center stage in the latest issue of X3 magazine, the industry’s go-to “authenticity first” publication spotlighting the real personalities, passions, and stories behind today’s top stars.

Lilly Bell Returns to Deeper

Reigning XMAs Girl/Girl Performer of the Year Lilly Bell stars with Alberto Blanco in the latest release from Vixen Media Group studio imprint Deeper, titled "Sick Day."

German Court Upholds Ban on PornHub, YouPorn

Germany’s Berlin Administrative Court has upheld a “network ban” on adult sites Pornhub and YouPorn for failing to comply with that country’s age verification regulations.

Show More