According to Eric Dane's lawyers, it's not a sex tape as much as it was "a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public."
If we see a peen, it's a sex tape!
The El Lay Police are investigating a DVD that was given to them last month from an anonymous source.
Authorities believed the video contained evidence that could link celebrities to illegal conduct and "included archived articles and photographs of porn stars and formally convicted madams, which could readily be found over the internet."
Before they could determine whether a crime was committed, the tape, featuring Dane, his wife Rebecca Gayheart and madam Kari Ann Peniche, leaked online.
We are dying to know what those three were up to!
[Image via WENN.]