Seems she was underage at the time of shooting.
http://www.tmz.com/2008/03/19/ashley...l-or-jailbait/
TMZ has learned that Ashley "Spitzer-Girl" Dupre may have been underage when she was filmed nekkid on the "Girls Gone Wild" bus. Her lawyer, Don Buchwald, tells TMZ Ashley's birthday was April 30, 1985, and the footage was shot between March 13 and March 20, 2003, making her 17.
But "Girls Gone Wild" chieftain Joe Francis says even if she was 17, Florida and Federal law -- and Joe knows a thing or two about that -- permits her to be filmed in any state of undress ... as long as she consents and there is no "sexual contact." (And there was none, Joe says.)