Eric Dane's Lawyer: This Is "Not A Sex Tape"

Technically he's right...it's just a tape in which Eric Dane is crawling around naked with wife Rebecca Gayheart and former Miss Teen USA, Kari Ann Peniche!

The steamy video hit the internet yesterday afternoon, and though there is no sex documented, one can only imagine what happened after the camera was turned off...or when the trio began filming a part two!

Dane's lawyer Marty Singer issued the following statement after the release of the tape:

"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. 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."

Peniche's manager David Weintraub tells Us Weekly, this "was all done in good fun...this is not a sex tape. It's guys having fun, hanging out together. There is no sex involved in this."

Hmm, maybe they should have thought about the consequences when they were filming the naughtiness?