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Legal expert warns that the congressional staffer caught in the leaked video could potentially face charges related to the Senate sex tape scandal.
According to one lawyer, an alleged congressional staffer who shot an obscene sex tape inside a Senate hearing chamber might face criminal prosecution.
The U.S. Capitol Police confirmed to Fox News that they were aware of an amateur pornographic film obtained by the Daily Caller on Friday that depicts someone described as a congressional worker having sex with another guy in Hart Senate Office Building room 216.
The Daily Caller reports that the tape was released because it was “shared in a private group for gay men in politics.” The identity of the guys has not been established.
According to social media posts, the accused worker worked for Senator Ben Cardin’s office. Cardin’s office reported the dismissal of a legislative aide hours after the scandal emerged but did not address claims tying a member of his staff to the sex tape.
“We will have no further comment on this personnel matter,” his office stated.
Fox News contributor Jonathan Turley, an attorney and professor at George Washington University Law, examined potential charges in a blog piece. Turley went on to say, “the question is whether this unofficial use would constitute trespass.”
“It also uses an official area for personal purposes, though it is not clear if there were any commercial benefits garnered from the video found on various sites,” Turley stated in a blog post.
Turley said that one conceivable accusation may be brought under D.C. code section 22-1312, which deals with lewd, indecent, or obscene actions.
“It is unlawful for a person to expose his or her genitalia or anus in public, to engage in masturbation, or to engage in a sexual act as defined in 22-3001(8).” It is illegal to make an obscene or indecent sexual proposition to a minor. A person who violates any provision of this section is guilty of a misdemeanor and, upon conviction, is fined not more than the sum specified in 22-3571.01, imprisoned for not more than 90 days, or both,” the penal code reads.
According to Turley, the challenge surrounding charges under this clause is whether a shuttered Senate committee chamber is deemed “in public.”
Whether or if any video recorded in the hearing room was utilized to earn money might also “have bearing on potential charges,” Turley contended.
He also cited 18 U.S.C. 641, which deals with illegal use of public funds, property, or documents.
“The Capitol police could argue that this constitutes purloining or using government property for personal purposes,” Turley noted in an email. “The key factor is that this videotape was clearly made with the intention of publishing or showing it to others.” Sex in congressional offices has long been documented, including both lawmakers and staff. However, this was a public hearing chamber, although one that was closed at the time, and a recording was created for what seems to be public viewing.”
Turley addressed trespassing by saying, “the question may be whether this was access under legal authority for a staffer.” The Capitol police may claim that access to a staff post does not imply permission to enter for any reason.”
“Does a member of staff have legal authority to enter any hearing room for any reason?” That might be a defense presented by counsel, but it is likely that any access is contingent on an official role,” he added.
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