You are out on a date having fun; one thing leads to the other; now things are getting hot and heavy in the car.
What seems like fun turns into horror when you are caught red-handed. What transpires next? Is it illegal to have sex in your car?
It is indeed illegal to have sex in your car when in public. In fact, it is a crime to have sex in any public space.
What happens in a car, behind a closed garage doesn’t really matter to the law.
But, the consequences could range depending on the state, the exposure, and the presence of minors.
Having sex in the car suggests an obscene exposure in public and it specifically comes under “Indecent Exposure” or “Lewd Conduct in Public”.
Every state handles this in a different manner depending on the local laws and also the situation. But in the likelihood that a minor sees you, you are in serious trouble.
TABLE OF CONTENTS
How Can It Be Illegal To Have Sex In A Car?
It isn’t always illegal to have sex in a car; The act and the place don’t matter as long as it’s private. But if it’s in view of the public, then it is a crime.
Few states don’t consider it anything beyond a misdemeanor but if someone is offended by it, then it is a different issue.
It can be an offense if you have sex in the car parked in your driveway since it is in full view of the public.
Hence, better not to have sex in the car unless it is in the privacy of your garage, and away from the eye of the community.
With this, the question arises, what constitutes public space?
Public space is any place that is open to people with access to everyone who wishes to be there regardless of gender, age, ethnicity, and socio-economic status.
It can be but not restricted to a park, beach, library, mall, or even your driveway if it is open.
Unless it is hidden behind a wall or a fence away from their view, your neighbors are sure to be offended, when you perform a sex act, even if it’s in your car.
While the above stays true in most cases, there can be few states that view the act differently. Like I keep saying, the law differs from state to state.
In New York, it is not illegal to have sex in your car, even in a public place, as long as you remain hidden and not in the direct view of the passersby.
Laws that Criminalize Public Sex
Despite the thrill of having sex in public, it is a very risky business. Someone is bound to catch you in the act sooner or later unless it is a deserted area.
In most states, you will be arrested immediately if you happen to be caught.
Some states categorize public sex as a misdemeanor act which warrants a fine and/or a prison sentence up to one year.
Few others criminalize it.
Here are a couple of laws under which the law can punish you.
It is a misdemeanor in all states and involves exposing oneself in a vulgar manner.
Exposing the private parts including genitalia of both genders and woman’s breasts come are considered indecent exposure.
Since a sex act in public may or may not reveal the genitalia and breasts, you are still charged with the same if you are caught.
Apart from public sex, flashing, streaking, exhibitionism, etc., are also considered to be indecent exposure.
It doesn’t matter if anyone sees your obscene exposure or not, the cops are likely to charge you, assuming that there are chances others have seen your transgression.
An exception to this is New York, Texas, Ohio, Maine, and Hawaii, where women can legally go topless wherever men are allowed to.
Lewd Conduct In Public
As opposed to indecent exposure, for you to be charged with lewd conduct, the police need only prove that you were involved in a sex act in a public place.
And, that is a misdemeanor crime. Again, public place refers to any place that is open to everyone or a place where everyone has access.
The laws often don’t mention that you have to be unclothed during the sex act, so the officers can arrest you nevertheless.
However, for a conviction, the prosecutor should prove that your private parts were touching with the intent of sexual gratification.
Many states also mark adultery as a misdemeanor.
Hence, if the officers catch you having public sex with someone who is not your spouse, they will certainly charge you with the same in addition to indecent exposure and lewd conduct.
Misdemeanor Or Felony
In the case of public exposure and lewd conduct, the first offense is usually a misdemeanor when proved and convicted. However, subsequent convictions result in a felony.
But, what changes from state to state is the number of offenses it needs to become a felony.
Another important point that the laws usually consider is exposure to children. This is usually not seen lightly by the court and will be harsh.
The laws protect the children under various statutes. Hence, when a misdemeanor happens in front of a child, it usually triggers a harder sentence.
Though the consequence of the above varies depending on where you live, most states require you to register as a sex offender.
Educate Yourself If You Want To Have Sex In A Car
Let me reiterate that no place or time is right to have sex in the car unless you are locked in your garage.
Even if there’s a slight chance of someone viewing the act, it becomes illegal, and the law will be upon you.
Talking about the action itself, it not ideal in any way considering the fact that it is a car and not a king-size bed.
But if you are going to experience the same, here are a few pointers to make the experience easy for you.
Make It Quick
Sex in the car always creates an air of mystery but certainly not enough for long foreplay and longer periods of sex.
In reality, it is better to go for a quickie and forego your usual relaxed intercourse.
Sex in the car is perfect when you want to get a few minutes of great sex during lunch break or when the mood overtakes you after a date.
Speed is also the key if you do not want to break the laws and get caught in the act red-handed.
Consider Ventilating The Car
Steamy windows are not in the least sexy, like in the movies. You have to conceal the act but not on the cost of your life.
When you wind up the windows right to the top, it is going to get hot, which is not quite an optimum condition for having sex.
Not only are you going to get drenched, but you are also sure to fog the windows. Foggy windows are a dead giveaway that something is happening in the car.
And, if they call the cops, (and they will) law will take its course. No one wants a public indecency on record or lewd misconduct.
Open your windows just a little bit. It ensures that the windows do not get steamy, and no one will think to peek inside your car.
Cramped Space Can Get To You
You might really misunderstand the cramped space inside a car. You really cannot stretch out and try the moves as you usually do. As you might already know, this is a recipe for leg cramps.
If you still intend to get going, remember that it might not be as enjoyable. You might want to be imaginative and stretch a bit before jumping into action.
Leather Seats Are Not As Comfortable As You Think
If you enjoy your leather seat in the car, you might not after a steamy session on the leather seat or even vinyl seat.
Your skin is going to stick, and peeling it off is going to be a lesson in torture. The leather seat doesn’t let you move about, which may or may not be ideal.
Remember to keep a blanket in your car; it can come handy when you intend on a sex session in your car. No blankets; Hope your clothes can take the brunt and not your skin.
Have A Change Of Dress Or A Perfume
Talking about clothes, have a change of dress in the car.
You are going to smell like sex after your sexy time and if you are returning to work later, remember that the smell of sex sticks around for some time.
The heat of the locked car makes you sweaty and also stinky. If possible, have a change of dress with you or at least a perfume to mask the smell. And do not forget your sanitizer.
Have A Playlist
Do not rely on your radio giving you the best of entertainment, since they can be real mood killers. You do not want to listen to repeated ads or a mood killer of a song.
Set a playlist that can get you in the mood and speed up the pace. Music has a sweet way of setting the pace, which the radio DJ cannot be expected to do.
Choose The Location With Caution
Still going ahead with sex in a car, you might want to choose the location with caution. The car should be well hidden and more deserted the better.
Nights are better since the car will not be as visible. And not many people will be around to witness the embarrassment in case you are caught.
Frequently Asked Questions
Q1: Is It Illegal To Have Sex In My Own Backyard?
It is not illegal to have sex in your backyard, but it depends on the circumstances.
Even though it is private property, as long as it is not visible to the other residents, you can do whatever you want in your yard, even have intercourse.
When I mean by visible, your property should be hidden behind a wall or heavy foliage that makes it difficult for the people to see anything.
Q2: What Are The Consequences Of Having Sex In The Car?
When caught, the person involved gets jail time or a fine depending on the state.
It also hinges on the criminal history of the offender, whether it’s a first offense and other aggravating factors.
If in the presence of children, the offender registers as a sex offender both in federal and state registries after his/her conviction.
Q3: What Is The Legal Defense To A Lewd Conduct Charge?
Let me remind you that you are innocent until the law convicts you. A good defense can get you out of the charge.
Your legal defense for a lewd conduct charge can be one of the below:
- You were not having sex.
- You touched yourself or your partner but not for sexual gratification.
- You thought you were alone.
- You were not in a public place.
Sex in your car, as tempting as it sounds is not as interesting when you get to know the consequences.
It is illegal, depending on the circumstances when you are caught. It is not a crime as long as there is no one to witness the act.