Attorney: AR couple charged in porn case protected by 1st Amendment

JONESBORO, AR (WMC) - The attorney for the Arkansas couple charged with recording sex acts in public places and sharing them online says the law may actually protect his clients.

The couple arrested for filming their sex acts in public pleaded not guilty to nine felony counts.

Their attorney Randel Miller said the couple with two small children is devastated by the charges.

"I think what they did was not a crime and I think it's a crime they have been publicly humiliated like this about something that was a private matter to them," Miller said.

Prosecutors in Jonesboro charged 30-year-old Leslie Sessions and 36-year-old Derek Calloway with public display hard-core sexual conduct, sale and distribution of obscene film and promoting obscene performance.

The couple recorded sex acts in public locations like Cheddars restaurant, Home Depot parking lot and a park in Jonesboro and put the video on a porn sharing website.

Jonesboro police showed up at the couple's home with a search warrant in July looking for recording devices.

Miller said what the couple did is protected by the First Amendment.

However, prosecutors said the fact that it was done in public is the problem.

Miller admitted that part could be a problem but, "there may have been people around but no one saw this. This was never reported. This was a victimless crime."

However, Sessions said in one video that several people caught them in the act.

"As we were leaving the parking lot a lot of people caught notice of what we were doing," Sessions said. "I just had a truck loaded down with dudes. I mean so I decided to wave back and I got a few kisses blown back."

Miller said Sessions is now devastated.

"She is a very quiet shy person," Miller said. "This is something she could do in her home, take care of her children. It's a shame they have been drug through the mud she could do in the way they have."

The case is set for a jury trial in November. The couple, if convicted, could end up behind bars.

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