Some state laws explicitly criminalize public sexual activity. Usually oral sex, but you might be surprised at the things people have managed to accomplish while behind the wheel. There are some fairly disturbing stories of people having sex while driving. For example, a couple having sex in a public restroom stall with the door closed is more or less out of public view, but most state decency laws prohibit sex in public restrooms, period. While sex on top of a picnic table in a public park is pretty clearly sex in public, what about other situations?
Public Sex is a Misdemeanor In most states, the laws that criminalize public sex make it a misdemeanor crime. However, you can avoid this by covering the windows with opaque material, or by parking the car in a place where the public cannot see into the windows without trespassing. Consult an experienced criminal defense attorney in your state if you have been charged with sex in public or any other crime. Consult A Lawyer A charge of sex in public, while amusing to discuss in the abstract, is a lot less funny when you have to appear in court to answer it. It is unlikely that an argument that sex in a secluded part of a public setting is not public sex. But, a New York court has ruled that sex in a car was not sex in a public place unless the act could be readily seen by passers-by. And, obviously, sex in the absence of consent including in cases where consent is legally impossible is a crime, whether or not it takes place in a car. There is the further complication that, when two people are found having sex in a car, there is going to be a suspicion that the sex act is a sex act for hire, and thus there is going to be a suspicion that the parties have engaged in the illegal acts of prostitution and solicitation. Lewd acts are typically defined by the standards of the state in which they are enacted. Even though any charge is likely to be a misdemeanor, it is a serious and potentially costly matter. In some places, it is illegal to sleep, sit, or otherwise linger in a parked car; these laws are usually used to prohibit the homeless from sleeping in parked cars but are sometimes used in other circumstances and may depending on the exact law prohibit sex in a parked car. This is especially true when you're talking about the United States, because there isn't a single set of laws that apply everywhere in the United States; the United States is a federal union, and as such we don't have one set of general laws here. Even if you are careful to avoid exposure during sex in public, you may still be charged with other crimes. Here are some of them. Some state laws explicitly criminalize public sexual activity. It's not inherently illegal to have sex in a car anywhere in the US as far as I know. Adultery sex between a married person and someone other than his or her spouse is a crime in 20 states, no doubt honored more in the breach than the observance. Defenses to Public Sex There are a few defenses that a person charged with having sex in public could raise to try to defeat the charges. While sex on top of a picnic table in a public park is pretty clearly sex in public, what about other situations? Quite a few of the accounts of sex-while-driving are derived principally from reports written by medical examiners and insurance adjusters; this is very risky behavior. This article discusses laws addressing public sex in general. But, it would provide yet another charge a couple could confront if caught having sex in public in that state. There are some fairly disturbing stories of people having sex while driving. However, oral and manual copulation are sex for purposes of laws against public sex, even if no genitalia are visible during the act. Having sex while the engine is running and definitely while the transmission is in gear could amount to reckless driving, public endangerment, or both. What about sex in a car, as you inquired?
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