ActorEric_Chris_51622214_600 Eric Dane, who may now be known as "McBoring" on

"Grey's Anatomy," and his wife, Rebecca Gayheart, can be seen in a hilarious threesome sex

tape (it originally surfaced on and is floating around online) with former Miss Teen USA Kari Ann Peniche.

The couple's rep, Marty Singer, has told that he will sue anyone who

publishes the tape, adding that "from

what I've seen, it's a naked tape, not a sex tape."

He says it's actually three people sitting around wanting to

have sex. Oh, well, in that case …

The married couple and Peniche pass around the camera while hanging out in Peniche's apartment. They all appear out of it as they take a Jacuzzi soak, lie around

naked in bed and talk about their porn names.

At one point, Us Weekly reports, Gayheart says she needs to lie down because

she's "so high."

How did this get out? 

The tape surfaced in an official

investigation into Peniche's alleged sex-for-hire business.


Photo: WireImage