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.
Depending on the jurisdiction, they could face charges of
- lewd conduct in public,
- public indecency,
- indecent exposure, or
- disorderly conduct.
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.
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.
Related criminal charges
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]
Penalties
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:
- a maximum jail term between six months to a year,
- fines,
- misdemeanor probation 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).
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.
People caught having sex in cars in California may face charges for lewd conduct 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. An example would be a person’s private garage in their house, and the garage door was down.
- The defendant was falsely accused. When a police officer personally observes sexual acts within a car, 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.
- The accused was not having sex. 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.
Lack of knowledge as a defense
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.
Penalties
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.
Legal References:
[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. See, for example, People v. Honan (Court of Appeal of California, Fourth Appellate District, Division Three, 2010) 186 Cal. App. 4th 175; People v. Lawson (Court of Appeal of California, First Appellate District, Division Three, 2018) A146409.
[4] See same.
