In a case believed to be the first of its kind for Los Angeles, an adult film actor was sentenced to 30 days in jail for knowingly exposing at least two co-stars to syphilis after testing positive for the disease days earlier, the City Attorney's Office announced Tuesday.
Jesse Spencer, 42, who works in the adult film industry as "Mr. Marcus," pleaded no contest to one count of exposing another to a communicable disease. He was originally charged with four counts total, including unlawful touching, said Los Angeles Deputy City Attorney Diego Edber.
In addition to 30 days in jail, Spencer also was sentenced to 36 months probation and 15 days of community labor. He has been in police custody since May 22 following a separate DUI arrest, Edber said.
"I've asked everyone in the office, and we've never had a case like this," Edber said. "We had no cases (to refer to) exactly on point with this."
Edber said that Spencer tested positive for syphilis last summer and received a penicillin shot on July 13, 2012. He tested positive for the sexually transmitted disease during a second screening on July 21.
Spencer, an 18-year veteran of the industry, then participated in two adult movie shoots on July 24 and July 26, engaging in various sex acts while continuing to test positive for syphilis. Authorities say he altered a photocopy of his test results that he showed to the film producer before shooting.
Later, the producer noticed that something appeared off about the photocopy, and he and two actresses who worked with Spencer filed a police report, Edber said.
None of the actresses contracted syphilis as a result of exposure to Spencer, Edber said.
Spencer's attorney, Martin Cutler, argued that proves his client was no longer contagious and that he waited the right amount of time before performing.