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

Alana Rose Makes Her TeamSkeet Debut

Alana Rose has made her TeamSkeet debut alongside Gigi Sweets and Tony Sting.

Elly Clutch, Girthmasterr to Host 2026 XMA Creator Awards

XBIZ is pleased to announce Elly Clutch and Girthmasterr as co-hosts of the 2026 XMA Creator Awards, presented by premium creator platform Fansly.

Lilly Bell Leads Latest From Blacked

2025 XMAs Girl/Girl Performer of the Year Lilly Bell stars with Jax Slayher in the latest release from Vixen Media Group studio imprint Blacked.

Nicole Doshi Fronts Latest From Bellesa Plus

Nicole Doshi stars with Ryan McLane in the latest release from Bellesa Plus.

Juliana Marie Returns to New Sensations

Juliana Marie stars with Damon Dice in the latest release from New Sensations.

Amirah Adara, Dakota Dove Star in Latest From MixedX

Multi-Euro XMAs winner Amirah Adara stars with Dakota Dove in the latest release from MixedX, titled "Fatal Consultation."

Octavia Red Makes Her Digital Playground Debut in Ricky Greenwood Western 'The Drifter'

Reigning XMAs Girl/Girl Performer of the Year Octavia Red has made her Digital Playground debut alongside Alex Jones in the first installment of the new Ricky Greenwood western feature "The Drifter."

Melissa Stratton Headlines Jonni Darkko's 'Cum on My Face 3'

Melissa Stratton toplines multi-XMAs-winning director Jonni Darkko's “Cum On My Face 3,” from Evil Angel.

Lucy Mochi, Girthmasterr Star in Latest From Brazzers

Lucy Mochi stars with Brazzers exclusive Girthmasterr in the studio's latest release, "Too Many Rooms, Not Enough Cum."

FSC: TAKE IT DOWN Act Provisions Take Effect May 19

The Free Speech Coalition has issued a reminder notice that the notice-and-removal requirements of the federal TAKE IT DOWN Act will go into effect on May 19.

Show More