A New York judge ruled Thursday (December 2) that 50 Cent still could face charges for posting without permission a video online of one of Rick Ross’s former girlfriends having sex, nydailynews.com reports.

The judged denied 50 Cent’s motion to dismiss the case, which was filed in 2010 after 50 Cent allegedly posted a 2008 video of Lastonia Leviston having sex with then-boyfriend Maurice Murray. She is suing 50 Cent for unspecified damages due to the mental and emotional distress she says the video’s release caused her. The clip logged more than 3 million hits online, according to nydailynews.com.

The judge said Thursday that there was sufficient evidence to allow a jury to decide whether or not Leviston’s claims are valid.

Murray gave the tape to 50 Cent in 2009, according to court documents. The rapper recognized Leviston as a former girlfriend of Rick Ross, with whom 50 Cent was feuding at the time, nydailynews.com says.

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50 Cent said in a sworn deposition that he edited the tape and inserted himself into as a character named “Pimpin Curly” in order to mock Ross. 50 Cent also said he is not the one who posted the video.

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