Eric Dane’s Naked Threesome Home Video: Attorney - “This Is Not A Sex Tape”

McSteamy is living up to his nickname - even off the set of Grey's Anatomy.

An embarrassing (and silly) home video has hit the internet showing actor Eric Dane naked, along with his wife Rebecca Gayheart and former Miss Teen USA 2002 Kari Ann Peniche, who was later stripped of her title for posing in Playboy.

In the 12-minute video, all three appear to be feeling no pain, and at one point, Gayheart even says she's "very high." There's no sex on the tape -- rather, the three are seen lounging around in the buff in Peniche's apartment in Studio City, California, merely talking and well, acting goofy.

The tape begins with the two women, wearing dance-style tutus, opening a door and entering a room. Peniche shows Dane a battery in her hand (presumably for the video camea) and offers it to him. Dane is taping their entrance and says: "What am I doing taping myself?"

The three then playfully discuss (if they were porn stars) what their porn names should be. Seriously, it's on the tape!

Gayheart says: "Tiger"

We hear Peniche (off camera) make a growling sound.

Gayheart then says : " Actually, my alter ego is Nina."

Dane says: "Nina?"

Gayheart responds: "Yeah, It's (bleeping) crazy."

The ladies say they are late for dance class and have to change.

Dane says:  "My alter ego name is Peter, just Peter.  My dog growing up was named Cocaine.  And I lived on Manor Drive --- so I'm Cocaine Manor."

Gayheart says: "Let's just call you Manor."

Peniche says: "My cat's name was Fifi, and I lived on a lot of streets."

In another part of the tape, we see all three laying in bed together. We see Peniche gently stroke Dane. Dane (who's buck naked) turns to Peniche (who's clothed) and says: "Do you like cowboys?"

Peniche responds: "I like to ride cowboys."

Gayheart, who's laying next to Peniche, responds: "Good answer."

As the three continue to come up with porn names, Gayheart says to Dane: "You have one more shot. Go! What's your name?"

Dane responds: "I told you my name was Tuff Hedemen, the famous bull rider."

Later, Gayheart - still trying to find that perfect porn name -- says: "Fine. Let's name ourselves our dogs' names."

Peniche says: "Buster."

Gayheart says: "Cowboy."

Peniche says: "I had Sasha before Buster."

Dane says: " I had a (bleeping) dog named Rambo."

Peniche calls out: "Can you bring a box of juice?"

We then see Peniche topless, laying on the bed alone, talking on the phone.

Soon, the three move to the bathroom where the women disrobe and climb into a Jacuzzi tub while Dane tapes them.

Dane says: "You gotta be two of the (bleeping) hottest girls this side of Mulholland. And I've seen some hot girls before-you're like a good hang."

Gayheart responds: "No, she's a friend, honey."

Dane says: "That's what I'm saying. I see you on the street tomorrow, you're one of Rebecca's friends."

We then see the ladies naked in the tub playing with a rubber duck and toy frog. Both women are seen smoking.

Gayheart says: "I'm not a huge advocate of drugs for whatever reason."

In a statement released Monday night, Dane's attorney said: "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."

Dane and Gayheart married in 2004. While he has found success on Grey's Anatomy, Gayheart has struggled both personally and professionally. Sadly, she is perhaps best known for a horrible accident in June, 2001 in which she struck and killed a nine-year old boy as he jaywalked across a street in Los Angeles.

Gayheart was talking on her cell phone at the time. She pleaded no contest to vehicular manslaughter and was sentenced to three years' probation, a one-year suspension of her license, a $2,800 fine, and 750 hours of community service.

The family of the boy also filed a lawsuit against Gayheart, which was settled out-of-court. Terms were not disclosed.