Calgary Rudy Giuliani's 'Borat 2' Moment Is Not 'Revenge Porn': Legal Analyst | HuffPost Latest News - Action.News ABC Action News WestNet-HD Weather Traffic

Although Rudy Giuliani doesnt come across very well at all in the new Borat film, he would likely have problems if he attempted to sue comedian and actor Sacha Baron Cohen .

A scene in the movie, which debuts Friday on Amazon Prime, shows the former New York City mayor appearing to touch his genitals in front of a woman he believed was a journalist but was actually 24-year-old actor Maria Bakalova.

The scene takes place in a hotel suite rigged with hidden cameras. When Giuliani sits on the bed, Bakalova appears to remove his microphone, and then Giuliani lies back and reaches into his pants .

Thats when Baron Cohen, playing Borat, bursts into the room and, misstating Bakalovas age, says, Shes 15, shes too old for you!

Conservatives such as Pizzagate troll Jack Posobiec are arguing that Giuliani is a victim of revenge porn, but actual legal experts say thats not the case.

Although revenge porn has been against the law in New York since last year, the statute only goes after anyone who shares an intimate image or photo of someone naked or exposed without that persons consent, according to Law & Crime .

Since Giuliani isnt seen naked in the movie, the chances he can sue for revenge porn are slim, according to criminal defense attorney and former prosecutor Julie Rendelman.

I do not believe that Cohens posting of an image or video of Giuliani with his hand down his pants rises to a violation of New Yorks revenge porn law, she told Law & Crime. To be guilty of violating such a law would require that the posting depict an unclothed or exposed intimate part of a person. Further, the word Intimate is defined in New York Law as naked genitals, pubic area or anus.

Therefore, unless the film shows Guilianis private parts, it doesnt violate the law, Rendelman said.

Another sticking point: If the former mayor does sue for revenge porn, that could be seen as an admission that he was doing something sexual, which he insists didnt happen.

Giuliani told WABC on Wednesday that he was only lying on the bed so he could tuck in his shirt.

I had to take off the electronic equipment, he told the radio station. And when the electronic equipment came off, some of it was in the back and my shirt came a little out, although my clothes were entirely on. I leaned back, and I tucked my shirt in, and at that point, at that point, they have this picture they take which looks doctored, but in any event, Im tucking my shirt in. I assure you thats all I was doing.

Meanwhile, on Thursday evening, the character Borat tweeted an official statement in which he defended Giuliani.

What was an innocent sexy time encounter between a consenting man and my 15-year-old daughter has been turned into something disgusting by fake news media, he said.

OFFICIAL STATEMENT FROM BORAT SAGDIYEV pic.twitter.com/vM92Lam5vV

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OFFICIAL STATEMENT FROM BORAT SAGDIYEV pic.twitter.com/vM92Lam5vV
Borat (@BoratSagdiyev) October 23, 2020

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