George Washington University law professor Jonathan Turley broke down possible charges Saturday that could be filed against a congressional staffer and an unknown man having anal sex in a Senate hearing room.
Leaked amateur pornography showed a congressional staffer having anal sex with an unknown man, purportedly in Senate room Hart 216, video obtained by the Daily Caller shows, and the Capitol Police are now investigating the incident. Turley highlighted the possible charges that could be brought against the individuals, which include being charged for “lewd, indecent, or obscene acts,” for misuse of public property, and/or possibly for trespassing, according to his legal blog.
“Obviously, the videotape will result in the termination of any staffers involved. However, the question is any possible criminal charge. We have previously discussed porn videos shot in churches or other locations. Such porn shoots in church have also raised calls for prosecutions in other countries. Staffers have access into such rooms, but 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 wrote.
“One obvious criminal provision is Section 22-1312 for lewd, indecent, or obscene acts,” Turley wrote.
The identities of the individuals in the amateur gay porn video have not yet been identified. The Daily Caller confirmed it was shared in a group chat for gay men in politics. “The question is whether this is ‘in public’ in a locked committee room — any more than sex in a congressional office after hours would be viewed as ‘in public,’” Turley continued.
Turley also said charges could be brought against the individuals for misuse of government property and said the Capitol Police could say this constitutes “purloining or using government property for personal purposes.”
“That brings us back to trespass. The question may be whether this was access under legal authority for a staffer. The Capitol police can argue that access to a staff position does not mean a license for entry for any purpose. Under 18 U.S.C. 1752, trespass covers anyone who ‘knowingly enters or remains in any restricted building or grounds without lawful authority to do so.’”
Brandon Poulter on December 16, 2023
