Is it legal to make love in a car?

There is no criminal law that specifically states that it is per se illegal for people to have sex in a car. However, if two people are performing a sexual act or engaging in sexual conduct in a car that is in a public area, and within public view, then they may be charged with a crime.

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Having sex in a car may invite criminal charges.

Depending on the jurisdiction, they could face charges of

Most of these offenses are charged as misdemeanors. A conviction can lead to a maximum of six months to one year in jail. The facts of the case may also require an offender to register as a sex offender. Note that whether or not sex in a car is considered to take place in a “public area” is largely determined by:

the laws in the state where the sex took place, and

the facts of the case.

Criminal defense attorneys draw upon several legal strategies to help defendants contest criminal charges for having sex in a car. Some of these include the lawyers showing that:

the car was not in a public place ,

, the accused was not having sex , and/or

, and/or the defendant was falsely accused.

Is it illegal to have sex in a car?

No jurisdiction in the U.S. has a law that specifically states that it is a crime for people to have sex in a car. However, people can be charged with a sex crime if they do the following: commit sexual intercourse, engage in sexual activity, or partake in some similar dissolute conduct while in a car, and they do so in a public place where people can see what is happening. Depending on the jurisdiction, people guilty of the above can be charged with:

lewd conduct in public,

public indecency,

public lewdness,

indecent exposure, or

disorderly conduct.

Consider, for example, Texas Penal Code 21.07. This is the state law that makes “public lewdness” a crime. People commit the offense if they: perform a consenting sexual act with another, and do so in a public place (for instance, in a parking lot) where other persons can see it.[1] Most state laws that say it is illegal to have sex in public make the act a misdemeanor offense. Depending on the facts of the case, the crime is typically punishable by:

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a maximum jail term between six months to a year,

between six months to a year, fines ,

, misdemeanor probation with the possibility of community service, and/or

with the possibility of community service, and/or mandatory registration as a sex offender. Keep in mind, though, that the above charges apply to sexual acts in a public place. It is perfectly legal for two persons, of appropriate age, to have consensual intercourse in a car that is located on private property (for example, in a driveway or in a garage). A person charged with committing a sexual act in public must consult with an experienced criminal defense attorney. A skilled lawyer can provide legal advice on which state law is applicable to a given charge. Note, too, that most conversations between an accused and a law firm/lawyer are protected by the attorney-client relationship. This means people should not be worried about potentially embarrassing information getting released into the public domain.

What is “public” sex?

A public act is generally one that affects the whole people of a community.[2] However, whether or not sex is considered a public act is largely dependent on the laws of the applicable jurisdiction and the facts of the case. Keep in mind that sexual or lewd acts would probably be considered public if they occurred in a car located on or in:

a parking lot,

a public park,

a sports complex, and/or

an alleyway clearly visible by passers-by.

However, it is questionable if a state law would criminalize sex in a car where there was little if any chance for a person to actually see inside the vehicle. Again, it is important for people charged with having sex in a car to speak to a knowledgeable defense attorney. He/she will be able to advise if a sexual act was in fact performed in “public.”

Are there legal defenses?

Yes. People charged with a crime for having sex in a car can fight the case by asserting a legal defense. Three common defenses include an accused showing that: the car was not in a public area, the defendant was falsely accused, and/or the accused was not having sex.

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As to false accusations, a police officer may personally observe sexual acts within a car. Here, there is not much for an accused to challenge. However, sometimes jealous ex-partners or upset friends can unjustly blame others of this type of offense. In these situations, an effective defense is for the accused to say that he/she was falsely accused. As to sexual acts, note that manual and oral copulation are typically considered sexual acts for purposes of laws that target sex in a car. This is true even if no genitalia were visible during the act.

What is the law in California?

Penal Code 647a PC is the California statute that prosecutors typically use to charge someone with having sex in a car. The law prohibits lewd conduct in public. “Lewd conduct in public” means for a person to: touch his or her own private parts, or those of another person, for sexual gratification, and do so when he/she knows or should know that there are people present who could be offended by the touching.[3]

Private parts refer to

the genitals,

the buttocks, or

a female breast.

Note that the above law says a person is only guilty of a crime if he/she knew, or should have known, that a person could have been offended by seeing a sexual act. Therefore, lack of knowledge is always a defense to charges under this statute. A violation of PC 647a is a misdemeanor. The crime is punishable by:

up to 6 months in county jail, and/or

a maximum fine of $1,000.[4]

A conviction for lewd conduct in public does not require registration as a sex offender. However, depending on the facts of the case, prosecutors can charge it together with Penal Code 314 “indecent exposure.” Penal Code 314 does trigger lifetime sex offender registration.

[1] Texas Penal Code 21.07.

[2] Black’s Law Dictionary, Sixth Edition – “Public.” See also Peacock v. Retail Credit Co., 302 F.Supp. 418 (1969).

[3] California Penal Code 647a PC.

[4] See same.

shouselaw.com - Is having sex in a car against the law? - Shouse Law Group

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