A Richmond strip club owner argued today that he cannot be prosecuted for having sex with a minor and filming it because the girl was married and two months shy of her 18th birthday.

Lawyers for Samuel J.T. Moore III said the 17-year-girl was emancipated from laws governing minors when the encounter occurred last winter in his residence above Club Velvet in Shockoe Bottom.

Defense attorney Michael Morchower argued in a series of motions filed today in Richmond Circuit Court that Moore could not be lawfully convicted of having sex with a minor, filming it unlawfully, or producing child pornography in the process.

"Marriage can emancipate a minor," Morchower states. "Once emancipated, a minor basically has many of the same rights as an adult."

Richmond Commonwealth's Attorney Michael N. Herring responded that marriage doesn't necessarily emancipate a minor and it certainly doesn't free adults to commit crimes against one.

"She can't consent if it's pornography because of her age," Herring said. "Her emancipation doesn't consent for her to be a porn star."

Today's defense motions raise the stakes in a hearing on May 22 in Richmond Circuit Court. The hearing will consider motions prior to the trial, which is set June 26 and 27 before Judge Beverly W. Snukals.

Morchower launched a series of attacks on the prosecution's case, demanding a copy of the videotape of the sexual encounter and asking the court to suppress the video and any other evidence seized in what he called an illegal search of the strip club early on Feb. 24.

Moore was arrested during the search, which involved local, state, and federal law enforcement seeking evidence of prostitution, illegal drugs and public nudity.

The search included agents for the Internal Revenue Service and Bureau of Alcohol, Tobacco, Firearms and Explosives, which Morchower argues were not named in the search warrant and not legally involved.

He also argued that the multijurisdictional grand jury that conducted the investigation exceeded its authority under state law, which does not give specific power to investigate any of the potential crimes other than illegal drug use.

No charges have resulted from the broad investigation, but Herring said yesterday, "We are not finished."

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