For many people, their car is the only place where they can enjoy a little privacy from others. However, if the vehicle is in public view and someone could potentially see what is going on, it’s illegal.
Getting caught engaging in lewd behavior like this could result in charges such as public sexual indecency, or indecent exposure. Here are some of the things that could happen if you get caught having sex in your car.
1. You’ll get a warning
Many young people, especially teenagers who have no private space at home, have gotten swept up in the thrill of having sex in their car. The reality, however, is that it could lead to some serious criminal charges if they are caught.
Most states have laws that make it illegal to engage in public lewdness, indecent exposure, and other sexual crimes in a place that is open to the public, like a parking lot. This includes your driveway, unless you have a gate or wall to keep it private. It also applies to places that the public has access to, such as a park, library, beach, or mall.
Having sex in your car can qualify as public lewdness, indecent or exposure, and other sexual crimes depending on where you park it, the type of car, and your state’s obscenity standards. You could face a misdemeanor or even a felony, which can include fines and jail time, and registration in sex offender registries.
If police have reason to suspect that you’re engaging in sex in your vehicle, they can stop and search it. Whether they find anything is dependent on whether they can reasonably believe that you had a reasonable expectation of privacy, which is subjective and could vary from person to person. It could be that you were parked far enough away from buildings, sidewalks, or other places where people are likely to walk by.
2. You’ll get a ticket
Depending on where you live and the laws in your area, it may be illegal to have sex in a car. It falls under the category of lewd conduct or indecent exposure and can lead to serious sex crimes charges. This is especially true if a minor sees it, which could make the situation even more problematic.
This happens because many states have laws against public lewdness, and this includes having sex in your car. The state can prove that you were doing sex in your car if they can show that it was public property and that the car was in public view. This could include a parking lot, street, or even your driveway.
A good defense to this charge is that you were doing sex in your private vehicle and that it was obscured from the eyes of passersby. You might also argue that you did not have your clothes off or that you were not exposed to anyone else in the car.
If the state can’t prove that you were engaging in lewd conduct and that your actions were in public view, they might only give you a misdemeanor for public sexual indecency instead of a felony charge. In some cases, you might have to register as a sex offender as well if you are convicted.
3. You’ll get arrested
Although sex in the car is a pretty common practice for couples with an adventurous edge and a bit of a wild streak, getting caught can still get you in trouble. Depending on your jurisdiction’s laws and the circumstances, you might be charged with indecent exposure or lewd conduct. These charges can range from a misdemeanor to a felony, depending on your history and the situation.
The law generally states that you can be charged with indecent exposure if you’re engaging in sexual activities in a public place and are visible to the general public. This includes things like manual and oral copulation, even if your genitalia are not exposed. The crime can also be escalated to a felony if it is committed with minors present or you have a previous conviction for a similar offence.
Fortunately, there are many ways that you can defend yourself against these charges. A good criminal defense lawyer will help you create a strong argument that the car was not really in a public area or that it is not likely that anyone could have seen your intimate parts. They might also argue that the alleged offense was not sexual, or that you were falsely accused. In some cases, jealous ex-partners or upset friends are prone to making accusations against others for this kind of thing.
4. You’ll get jail time
In some states, getting it on in your car is illegal. This is because cars are considered private property, but when they’re parked in a public place where anyone can walk by and see whatever you and your partner are doing, it becomes public indecency or lewd exposure. Depending on the state’s laws, this can lead to some serious jail time.
It also depends on whether children were present. If a child is in the vehicle during the act or it’s obvious that you have been sexually molesting them, you could be facing felony charges and a whole lot of prison time. If you get caught committing these crimes in your own car, the court will take into account your criminal record, previous convictions, and other aggravating circumstances before deciding on your sentence.
If you’re able to prove that you were in private and didn’t know anyone else was around, you might be able to avoid a fine or even prison time. But in most cases, you’ll likely be stuck with a sex offense on your record that will follow you for life. You’ll also be required to register as a sex offender. Getting charged for any of these crimes can have a huge impact on your future career and personal relationships, so don’t risk it! Contact an attorney immediately if you’re being charged with this crime.