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RK Seeks to Dismiss Lawsuit Alleging Minor Was Knowingly Filmed

RK Seeks to Dismiss Lawsuit Alleging Minor Was Knowingly Filmed

MIAMI—Reality Kings has fired back against a Florida mother who sued the company late last year for allegedly knowingly using her 15-year-old daughter in a porn movie. The Miami-based adult producer filed a Motion to Dismiss in March, arguing the girl used a fraudulently obtained government-issued ID to dupe the company into believing she was a 19-year-old using the stage name Bieyanka Moore.

Palm Beach resident Sherrita Smalley filed the multi-count lawsuit on behalf of her and her daughter in late December, alleging that RK Netmedia, Reality Kings and C2 Hostings violated several state statutes when they hired her daughter, referenced only by her initials, C.S., to perform in a sexually explicit video titled Cum Fiesta that was first distributed over the internet in September 2010.

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The complaint cites Florida statute §847.012, which in part prohibits a person from knowingly using a minor in the production of a porn video. The complaint states definitively that the defendants “knowingly used the minor Plaintiff, C.S., in the production of video media as prohibited by” the statute. The lawsuit seeks compensatory and punitive damages under other Florida statutes, as well, including ones for statutory rape and negligence.

The complaint alleges a conspiracy by the defendants to “produce, promote, disseminate and profit” from the sexual exploitation of a minor, and also claims that the defendants “conspired to cause the minor Plaintiff to travel from Nevada, where she was living after running away from home, to Florida for the specific purpose of photographing and videotaping the minor Plaintiff nude and engaging is sexual activities…”

Evidence submitted to the court by the plaintiffs’ lawyer consisted of the girl’s birth certificate and a copy of the adult movie she allegedly performed in under the stage name Bieyanka Moore.

According to Miami New Times, Smalley’s lawyer, Mark A. Glassman, told them that C.S. is currently in police custody in Nevada, and that the F.B.I. is investigating the case.

"This is a lot more complex than she showed up and got in a movie," he says. "A 15-year-old did not orchestrate this alone."

That, however, is essentially what Reality Kings attorney Stuart I. Grossman is arguing in his motion to dismiss.

“Plaintiffs allegations attempt to paint a picture that Defendants somehow took advantage of or conspired to take advantage of C.S. Nothing could be farther from the truth,” he wrote. “Defendant has been dragged into this lawsuit because of the misrepresentations C.S. made regarding her age to various state and federal agencies and Defendant. Specifically, C.S. procured a valid Nevada driver’s permit with her picture on it which said she was nineteen and identified her as Tyler Chanel Evans.” She also fraudulently procured a social security card in the same name, the motion contends, and has since been arrested in Nevada for, among other things, possession of a false license.

But for this criminal activity by C.S.,” the motion states, “she would never have been able to mislead defendant.” The motion then outlines a litany of problems with the plaintiff’s use of Florida statutes that fatally undermine the complaint, and asks the court to dismiss the complaint with prejudice.

According to the New Times, Grossman said that actions taken by his clients long before the filing of the lawsuit prove that they had no idea that 19-year-old Bieyanka Moore was really 15-year-old C.S.

A mere few hours after Cum Fiesta first hit the internet, Grossman said, Reality Kings received an anonymous tip claiming she was underage.

"They took down the video immediately and called the FBI," he added. "The bottom line is RK did everything it could to verify the actress's age."

Reality Kings had not returned a request for comment by post time.

The original complaint and the motion to dismiss can be read here.






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