(CN) – Soliciting people to make a pornographic video does not constitute prostitution, the New Hampshire Supreme Court ruled.
Robert Theriault was working as court security officer when he asked a young couple if they needed a job. In the parking lot, he offered them money so he could make a movie of them having sex. He said he would rent a hotel room and pay them $50 per hour.
Instead, they told the boyfriend’s mother, who reported the incident. Theriault was convicted of prostitution.
Justice Duggan reversed the conviction because there was no sexual contact with Theriault, and there was no evidence that he was acting for his own sexual arousal or gratification.
“The defendant has met his burden to prove that (the law) is unconstitutionally overbroad as applied to the specific facts of this case,” Duggan ruled.