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 © 2026 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

Pineapple Support to Host 'Reclaiming Intimacy' Support Group

Pineapple Support is hosting a free online support group for performers with trauma-impacted intimacy issues.

Wendy Marvell, Shadow Dimitri Make Their Immoral Debuts

Wendy Marvell and newly crowned XMA Europe Male Performer of the Year Shadow Dimitri have made their debuts for Immoral Productions alongside Marvell's husband Matt Bird, Irish Bull, John Price, and studio honcho "Porno Dan" Leal.

Ofcom Cites Web Prime, Porntrex for Alleged AV Violations

U.K. media regulator Ofcom on Tuesday notified two operators of adult websites of the agency’s provisional determination that the companies have failed to comply with provisions of the Online Safety Act.

Mick Blue Tops TT5 Podium at NASA Championships

Mick Blue took first place this past weekend in the national Time Trial 5 (TT5) race at the 2026 NASA Championships at Sebring International Raceway.

FSC: Utah Excise Tax on Adult Content Goes Into Effect October 1

The Free Speech Coalition (FSC) has issued an advisory that the Utah Excise Tax goes into effect tomorrow.

Alison Rey Makes Long-Awaited Studio Anal Debut

Alison Rey has performed her first anal alongside Small Hands in the latest release from Adult Time, directed by Casey Calvert.

Rachael Cavalli Leads Latest From Bellesa Plus

Rachael Cavalli stars alongside August Skye and multi-XMAs winner Vince Karter in the latest release from Bellesa Plus, titled “Double-Booked.”

Elegant Angel Releases All-Star Orgy From '2026 Performers of the Year'

Elegant Angel has released an all-star orgy from the 2026 edition of its annual series "Performers of the Year."

Anissa Kate Reflects on 15 Years in the Spotlight and a New Life in L.A.

Anissa Kate has made some unique memories over the course of her 15-year career in the adult industry. She fondly remembers shooting under the starry skies of the Nevada desert, and spending the night in the middle of nowhere because the shoot was scheduled to resume early in the morning to catch the sunrise.

McKenzie Mae Headlines 1st Volume of Dorian Del Isla's 'Anal Teachings'

McKenzie May toplines the first volume of director Dorian Del Isla's latest title, "Anal Teachings," from Evil Angel.

Show More