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

Elizabeth Skylar, Sky Wonderland Star in Mother's Day Release From Elegant Angel

Elizabeth Skylar and Sky Wonderland star with Parker Ambrose in a Mother's Day-themed release from Elegant Angel series "Holiday Hotwife."

Ricky's Room Signs Angel Youngs, Destiny Mira to 1-Year Deals

Angel Youngs and Destiny Mira have each signed non-exclusive, multi-scene contracts for one year with Ricky's Room.

Island Conference Joins ASACP as Media Sponsor

Island Conference has signed on as an in-kind media sponsor for the Association of Sites Advocating Child Protection (ASACP).

Lola Valentine Stars in Latest Installment of 'Out of the Family'

Lola Valentine stars with Leo Malone and Annie King in the latest installment of Adult Time series “Out of the Family,” titled “Never Have I Ever… Banged My Stepsis.”

Lexy Montana Makes Her Immoral Debut

Lexy Montana has made her debut for Immoral Productions, alongside Charlie Dean, Rob Hudson, and studio honcho “Porno Dan” Leal.

Sophia Locke Leads Latest Release From MonsterPorn

Reigning XMAs MILF Performer of the Year Sophia Locke stars with Ava Amira and Lana Smalls in the second installment of the MonsterPorn series "Harsh Punishment."

Brittany Andrews Stars in Latest From Elegant Angel

Brittany Andrews stars with Max Fills in the latest release from Elegant Angel, titled “Attachment Theory.”

Cali Caliente Makes Her Evil Angel Debut

Cali Caliente has made her debut for Evil Angel alongside director Richard Mann.

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.

Show More