Eric Dane, Rebecca Gayheart Lawyer Says Leaked Video Not A Sex Tape

Attorney issues statement about tape of the married couple with former Miss Teen USA contestant Kari Ann Peniche.

It's the latest celebrity sex tape ... only there's no actual, you know, sex in it. A day after portions of a video of "Grey's Anatomy" star Eric Dane and wife actress Rebecca Gayheart cavorting with a disgraced former Miss Teen USA contestant leaked on the Internet, a lawyer for the couple denied that the video was a sex tape.

In a statement released on Monday, attorney Marty Singer said the three-minute excerpt from the 12-minute tape first posted by on Monday is old news. "This is simply a private, consensual moment involving a married couple, shot several years ago, which was never intended to be seen by the public," Singer said. "Although the participants are nude, the tape is not a 'sex tape.' It is a private tape made for only my clients' personal use, and nobody has the right to exploit it. If anyone exploits the tape, they will be violating my clients' rights and will be exposed to significant liability."

The married couple is seen hanging out naked with Kari Ann Peniche, a Miss Teen USA 2002 contestant who later lost her Miss United States Teen title after posing for Playboy. Peniche is also a participant in the third season of VH1's "Celebrity Rehab," which is scheduled to air in 2010.

In the tape excerpt, the three pass around a video camera at Peniche's apartment and appear to be intoxicated. Gayheart says at one point that she needs to lie down because she's "so high." They discuss what their porn names might be and the two women take a bath in a Jacuzzi tub.

According to TMZ, Peniche said the tape was filmed more than two years ago and there was no sex involved. She explained that the video was stored on the hard drive of her computer and allegedly stolen by troubled country singer Mindy McCready, her roommate on "Celebrity Rehab." After the two got into an argument over money, Peniche claims McCready took the hard drive, leading Peniche to file a stolen property report with the Los Angeles Police Department over fears of personal information on the drive leaking out.