By Michael Oleaga (staff@latinospost.com) | First Posted: Jul 27, 2012 10:56 AM EDT

The seller of actress Minka Kelly's alleged sex tape could face jail time if she is in fact underage in the film. (Photo : Flickr)

The Minka Kelly sex tape has many talking, but it's Kelly herself that has yet to comment on whether she is in fact the star of the tape, notably from Twitter.

The sex tape is being shopped around to the highest bidder, apparently by an ex-boyfriend. Viewers can rule out the idea that it was either ex-boyfriend Derek Jeter, Jake Gyllenhaal, or Wilmer Valderrama, as the film was recorded in 1998.

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Kelly's Twitter account has been quiet since July 20 after retweeting a message by fellow actor Edward Norton about the Colorado theater massacre. Kelly normally tweets at almost a daily basis, but since the announcement of the sex tape came to light, not a single tweet has been written. Some of her past tweets include anticipation of upcoming television show such as AMC's Breaking Bad and UFC, to reviews on latest music, and asking people to participate in a charitable campaign.

The controversy with the sex tape is not only about the topic of sex, but the question of Kelly's age. The 30-minute tape features music from R&B singer Brandy's Never Say Never album, which was released on June 8, 1998, just 16 days before Kelly's 18th birthday. If the tape proves that the actress is underage, the seller of the tape faces the possibility of jail time as the footage can be considered as child pornography.

Despite the complexity of the sex tape, of whether it is her or if she of legal age, Kelly might have a lot of explaining to do. It is unsure how the tape will affect her upcoming role as former First Lady Jackie Kennedy in the biopic The Butler. The sex tape might actually give Kelly what some in the media say is a much needed career boosts after the cancelation of ABC's reboot of Charlie's Angels.

Kelly's latest venture was starring in Maroon's 5 music video for "One More Night." Although she doesn't have a speaking role, Kelly briefly talks on the experience in their Behind the Scenes video (Video below at 0:27 seconds).

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