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Errors Involving Posting of Escort's Photos by Escort Service Aren't Subject to Federal Nonconsensual Porn Statute

Eugene Volokh | 8.7.2026 8:01 AM

From Doe v. T.T., II, Inc., decided yesterday by Judge Dale Kimball (D. Utah.):

Defendant T.T. … is an escort service … When Plaintiff agreed to work as an escort in conjunction with Defendants, she signed an agreement indicating that her services as an escort would involve nudity in the presence of customers….

As part of her intake process, the parties discussed that she would need to engage in some advertisement activity directed at attracting male customers and that this would also include nudity. Defendants maintain a website advertising their services and providing photographs of their escorts. The photographs are sexually suggestive but do not generally include nudity….

Plaintiff provided photographs that included some nudity, but the nude photographs did not show her face. Defendants used the photographs Plaintiff provided to them in advertisements. Plaintiff also provided Defendants with some facial shots, but they agreed that they would not be displayed with photographs containing nudity.

In connection with her work as an escort for Defendants, Plaintiff used an assumed name. The photographs they used in advertising used that assumed name. Defendants did not use or provide information as to Plaintiff's actual........

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