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

Lilith Grace Makes Her Blacked Raw Debut

Lilith Grace has made her debut for Vixen Media Group studio imprint Blacked Raw, alongside Ashley Lane and Jason Luv.

Jennifer White, Octavia Red & Jewelz Blu Star in 'Red, White & Blu' Sequel From Elegant Angel

Reigning XMAs Female Performer of the Year Jennifer White stars with Octavia Red and Jewelz Blu in the sequel to Elegant Angel’s Fourth of July-themed featurette "Red, White & Blu."

Desiree Dulce Is Hustler's 'Cover Honey' for July

Desiree Dulce is the Cover Honey for the July issue of Hustler Magazine and appears in a 14-page centerfold spread shot by ThisYearsModel.com.

Bobbii Rose, Jake Switch Front New Release from Grooby

Bobbii Rose and Jake Switch star in the latest release from Grooby Girls, titled “The Aphrodisiac Plan.”

Krystal Sparks Makes Her MILFY Debut

Krystal Sparks makes her MILFY debut alongside Lexi Luna and Dan Damage in the latest release from Vixen Media Group studio imprint.

Emma Rosie Toplines Latest Release From Doghouse Digital

Emma Rosie headlines the latest release from Mile High Media studio imprint Doghouse Digital.

Aleksa Mink Leads 4th of July-Themed Release From West Coast Productions

Aleksa Mink stars with Mannie Coco in a July 4th-themed release from West Coast Productions, titled “A Hotdog in Her Buns.”

Leana Lovings Makes Her Vixen Debut

Leana Lovings has made her Vixen debut alongside multi-XMAs winner Alex Jones.

Judge Dismisses Last NCOSE-Backed Suit Over Kansas AV Law

A federal judge on Monday dismissed a lawsuit alleging that adult site SuperPorn violated Kansas’ age verification law, citing lack of jurisdiction after similarly dismissing two related cases earlier this year.

ASACP Updates 'Restricted to Adults' Labeling Resource Page

The Association of Sites Advocating Child Protection (ASACP) has updated its Restricted to Adults (RTA) labeling resource page.

Show More