Club Velvet owner Samuel J.T. Moore III faces a possible felony charge of filming sex with a minor in his residence above the Shockoe Bottom strip club.

And it could get worse.

Richmond prosecutors say they are considering seeking additional felony charges against Moore, who reportedly is hospitalized for psychiatric care, of using a minor to create pornography.

"We're clearly charging the unlawful filming," Commonwealth's Attorney Michael N. Herring said in an interview yesterday. "But we're exploring possible other charges under a more stringent statute."

Moore did not appear yesterday in Richmond Juvenile and Domestic Relations District Court, where Judge Angela E. Roberts agreed with a prosecution request not to prosecute two misdemeanor charges of having sex with a 17-year-old girl.

Defense attorney Michael Morchower told the judge that the 44-year-old club owner was absent because he is under psychiatric care at VCU Medical Center. Moore's whereabouts and condition could not be confirmed yesterday afternoon.

Chief Deputy Commonwealth's Attorney Matthew P. Geary said he would ask a multijurisdictional grand jury on April 8 to indict Moore on the same two misdemeanor charges in addition to a felony of unlawfully filming the sex act with a minor.

According to prosecutors, the girl was unaware she was being filmed. If indicted, Moore would face trial in Richmond Circuit Court.

Prosecutors say Moore had sex with a 17-year-old girl in his residence on the second floor of Club Velvet on South 15th Street on Feb. 20.

Three days later, Richmond police arrested Moore during an early-morning search of the building as part of a broad investigation of possible prostitution, alcohol violations, and illegal drug use at the club.

No charges have been filed as a result of the investigation, which includes agents from the Virginia Department of Alcoholic Beverage Control, the Internal Revenue Service, and the Bureau of Alcohol, Tobacco, Firearms and Explosives.

Prosecutors say Moore's residence is wired with cameras, which he used to film sexual intercourse involving him, the minor and a woman. If convicted of filming the minor without her knowledge or consent, Moore could be sentenced to up to five years in jail.

The penalty could be harsher if Moore were prosecuted and convicted under other statutes of pornography, Herring said.

However, the prosecutor also signaled in comments to reporters that he is willing to settle the charges with a plea agreement to spare the girl from testifying, especially more than once.

"If there's ever an opportunity to resolve a case like this . . . we'll resolve it," Herring said.

Contact Michael Martz at (804) 649-6964 or mmartz@timesdispatch.com.