A woman Tupac was dating, Desiree Smith, said she wasn't underage and she wasn't intoxicated during the filming of the sex tape that police confiscated back in 1993 during their raid of Pac's room at New York City’s Parker Meridian Hotel. It was alleged that the tape of Smith, who's identity wasn't disclosed at the time, was both underage and intoxicated as law enforcement attempted to build their case against Tupac for the alleged sodomy of Ayanna Jackson.
“We were just having fun. We was drinking, but I wasn’t intoxicated like I didn’t know my surroundings," said Smith, who dated Pac off and on for about three years. "We had some weed, we drank and we was just having fun. He had a camcorder he had just got and we did what some people do. I usually don’t do that, but I did it with him, and I didn’t expect for it to go the way it went. It was his lawyer that was the one that came and met me and told the cops and the press that he had interviewed the person. And they took that tape when they came to arrest him for the sexual assault. They saw that tape.
“What’s hilarious is, we weren’t that fucked up. It was weed. It was a drink or two or three. And you know, what ended up happening with that is they put that out. He called me and told me his lawyer would be contacting me and that he was going to come have lunch with me and we would discuss. He needed to interview me to see what direction he was going to need to take. I’m not going to say my age, but I’m sure I don’t look how old I really am. When I was young, I looked younger than I was, but I wasn’t underage.”