If it was surreptitiously done it’s illegal............
Depends. If one of the parties knew about it is not illegal. And if it was recorded in a two party consent tape then you just need to delete the audio track.
Or if the state that it was recorded in has special laws for sex tapes being made there could be an exception. But typically those only apply if they say they release the tape to do harm to the person. If it happens to leak and they don’t know who did it...there’s nothing really that can be done. Except for news and social media not covering it because it was private video.