Mr. Marcus Pleads 'No Contest' to Misdemeanor

LOS ANGELES—Mr. Marcus has pled no contest to a misdemeanor charge of exposing at least two adult actresses to a communicable disease, the Los Angeles Times reports.  

Mr. Marcus was sentenced to 30 days in jail, 15 days of community service and three years probation by Los Angeles County Superior Court Judge Catherine Ewell after exposing adult performer Lylith LaVey to syphilis, along with at least one other performer. 

Los Angeles Deputy City Attorney Diego Edber said today that Mr. Marcus, 42, was originally charged with four counts of knowingly exposing adult actresses he worked with to syphilis, including one count of unlawful touching.

"The potential spread of syphilis and other communicable diseases is a serious threat to our entire community," city attorney Carmen Trutanich said. "My office will continue to hold accountable those who place the health and welfare of others in danger in such a reckless and thoughtless manner." 

As he previously told AVN, Mr. Marcus had been treated for syphilis on July 13, 2012 after testing positive with his personal physician and believed himself to be syphilis free after receiving a shot of penicillin and told by his doctor to refrain from sexual activity for 10 days in order to let the medicine take its course. He subsequently worked with LaVey on July 24 — the eleventh day after recieving the penicilin shot — despite still testing positive, while altering his test result in order to do so. 

According to the court filing neither LaVey or one other performer who worked with him contracted syphilis. LaVey also is suing Mr. Marcus in Los Angeles Civil Court for emotional distress. Mediation meetings have taken place and the case currently is in discovery with a settlement conference set for Sept. 5, and a tentative jury trail on Sept. 30 if no settlement agreement can be reached.

LaVey initially filed her complaint on Sept. 5, 2012 and Mr. Marcus was served on Oct. 29, 2012. The case was assigned to a mediator on Feb. 20.

The most recent proceeding related to the case took place on May 1. LaVey is represented by Adam M. Rose and Mr. Marcus is represented by Martin Ian Cutler.   

This is not the end of Mr. Marcus's legal troubles though, as he was arrested for DUI on May 9, a probation violation that prompted a madatory court appearance for him May 22 where he was remanded on $200,000 bail. He's been held in city jail since. 

As part of the judgment against him, Mr. Marcus will have to follow all laws and not "alter or conceal" the results of any STI test.