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

Strike 3 Rejects Meta 'Personal Use' Defense in AI Suit

Vixen Media Group owner Strike 3 Holdings this week responded to Facebook parent company Meta’s motion to dismiss Strike 3’s suit accusing Meta of pirating VMG content to train its artificial intelligence models.

TGirls.Porn Marks 10th Anniversary With New Scene

Grooby paysite TGirls.Porn is celebrating its 10th anniversary with a new threesome scene.

Chloe Amour Stars in Latest From Bellesa House

Chloe Amour stars with Blake Bullet in the latest scene from Bellesa House.

Ashby Winter Crowned Newest 'Vixen Angel'

Vixen Media Group (VMG) has named Ashby Winter as its newest Vixen Angel.

Pornhub, Stripchat: VLOP Designation Based on Flawed Data

In separate cases, attorneys for Pornhub and Stripchat this week told the EU’s General Court that the European Commission relied on unreliable data when it classified the sites as “very large online platforms” (VLOPs) under the EU’s Digital Services Act, news organization MLex reports.

Adult Time, AgentRedGirl Debut 'Oopsie! Animated' Limited Series

Adult Time has released the first episode of "Oopsie! Animated," a limited futanari-themed series produced in collaboration with animation studio AgentRedGirl.

Vanna Bardot Headlines Jonni Darkko's 'Anal Tag Team'

Multi-XMAs winner Vanna Bardot toplines director Jonni Darkko’s “Anal Tag Team,” from Evil Angel.

Lexi Lore, Chanel Camryn Star in Latest Installment of 'Out of the Family'

Lexi Lore stars with Chanel Camryn and Victor Ray in the latest installment of Devil’s Film series “Out of the Family,” titled “Wait…That’s Not the Remote?”

Harry Sparks Wraps Production on 'Scissors 2'

Harry Sparks has announced that production has wrapped on his new erotic horror film, "Scissors 2."

Abi James Stars in Latest From New Sensations

Abi James stars with Richard Glaze in the latest release from New Sensations.

Show More