Senate Hearing Room Sex Video: Will Men Face Charges for Porn Clip?

The two men involved in the recently released sex video filmed in a Senate hearing room may face possible trespassing and misuse of public property charges, legal analyst Jonathan Turley told Newsweek on Sunday.

The Daily Caller released a leaked video on Friday of two men having sex inside a Judiciary Committee hearing room in the Hart Senate Office Building. Newsweek has not independently verified the footage's authenticity. While the identities of the men have yet to be confirmed, far-right activist Laura Loomer has alleged that one of the men was Aidan Maese-Czeropski, an aide to Democratic Senator Ben Cardin of Maryland. This claim has not been confirmed by Newsweek.

Czeropski wrote a statement on Friday via LinkedIn, but has not admitted to any involvement in a sex tape.

"This has been a difficult time for me, as I have been attacked for who I love to pursue a political agenda. While some of my actions in the past have shown poor judgement, I love my job and would never disrespect my workplace. Any attempts to characterize my actions otherwise are fabricated and I will be exploring what legal options are available to me in these matters," he wrote.

Meanwhile, on Saturday, Cardin's office told Newsweek that "Aidan Maese-Czeropski is no longer employed by the U.S. Senate."

In addition, a representative for the U.S. Capitol Police told the Washington Examiner that they were "aware and looking into this."

Newsweek reached out to Capitol Police via email for comment.

Could the Two Men Be Charged for the Sex Tape?

Turley, an attorney and professor at George Washington University Law School, discussed a slew of possible charges that the men in the sex tape could face while speaking to Newsweek on Sunday and in an article published on his website on Saturday.

"Trespass and misuse of public property (18 U.S.C. 641) are the most obvious, but there are novel defenses that would be raised in this case," the legal analyst told Newsweek via email.

U.S. law makes it illegal for anyone who "knowingly enters or remains in any restricted building or grounds without lawful authority to do so."

Turley also raised the question whether anyone in the sex tape had the legal authority to access the room, if they were, in fact, a staffer.

"The Capitol police can argue that access to a staff position does not mean a license for entry for any purpose," he wrote in his article.

He also argued whether the men could be charged with misuse of public money, property, or records under federal law, if the sex tape was made with the intent to publish or distribute publicly.

Turley told Newsweek, "The element that pushes this controversy beyond a simple tryst on government property is that fact that it appears to have been recorded for the purpose or intent to distribute to others. There is currently no indication that the posting was done for pecuniary or financial benefit, which works to the advantage of the defense."

Turley also suggested in his article that the men could be charged with lewd, indecent, or obscene acts under Washington, D.C., law.

The law states, in part: "It is unlawful for a person, in public, to make an obscene or indecent exposure of his or her genitalia or anus, to engage in masturbation, or to engage in a sexual act as defined in § 22-3001(8)."

However, the key word here is "in public." Turley questioned in his article if a sex tape in a locked committee room would be considered "in public."

It is unclear what the next steps are in dealing with the leaked sex tape, but Turley told Newsweek that "the relativity muted response of Senate Majority Leader Charles Schumer is surprising."

"Some in the Senate may prefer to have this matter fade away without further investigation," he added.