re: USCP will not charge anyone in the Senate gay sex video.

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Link me to what you believe to be the controlling statute in this situation.

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District of Columbia Official Code §22-1312: Lewd, Indecent, or Obscene Acts

What's Prohibited?
Under District of Columbia indecent exposure laws, it is considered unlawful for a person to make an obscene or indecent exposure of his or her genitalia or anus, to engage in masturbation, or to engage in a sexual act in public. The statute also makes it unlawful for a person to make an obscene or indecent sexual proposal to a minor.

Penalty
In Washington D.C., an individual who violates any provision of this law will be guilty of a misdemeanor. Upon conviction, a person guilty of this crime may be fined up to $500, imprisoned for up to 90 days, or

Any public building is by definition public.

Whether someone walked in or it was captured on closed circuit security makes no legal difference whatsoever.

They had no legal right to be naked having sex in a public building and no defense attorney would even attempt to claim they did.