Although California law doesn't explicitly cover this issue, engaging in a sex act in a vehicle could violate multiple other laws.
As mentioned, no criminal law explicitly prohibits having sex in a car. However, engaging in sexual activities in a vehicle in a public place or view could lead to criminal charges.
Depending on the situation, you could face charges under Penal Code 647(a) PC for lewd conduct in public, Penal Code 314 PC for indecent exposure, or Penal Code 647 for disorderly conduct.
A public act typically involves actions that impact a community. Whether sex is seen as a public act affecting others generally depends on the specific circumstances of each case.
Sexual or lewd acts are often considered public if they happen in a car in a parking lot or a public city park and are visible to passersby.
Prostitution-Related Charges
Engaging in sexual activity in a car connected to prostitution may lead to additional charges. Under California law, both participating in prostitution and soliciting—such as requesting, encouraging, or trying to pay for prostitution—are illegal. Penal Code 647(b) PC specifically defines the crime of solicitation of prostitution.
Penal Code 266h and 266 PC define pimping and pandering. Penal Code 653.23 PC pertains to supervising or aiding a prostitute.
Engaging in sexual activity in a vehicle at an inappropriate location or circumstances can lead to charges for one or more offenses, some of which may require registration as a sex offender if convicted.
Why Is Public Visibility the Key Factor?
As previously noted, California law does not explicitly criminalize sexual acts inside a vehicle. However, legal trouble can occur if the act is visible to the public. If the car is parked on private property and you are not visible from public areas, having sex in the car is not a crime.
Public sex can potentially breach multiple California laws. Engaging in such acts in public places or locations visible to others—such as inside a car—may lead to criminal charges.
Public lewd conduct involves touching one's own or another person's private parts for sexual pleasure, knowing or should know that others are present and could be offended. Private parts include genitals, buttocks, or female breasts.
What Crimes Could Result from Public Sex in a Car?
As mentioned above, if you're arrested for having sex in a car, you may face several criminal charges depending on the specifics of your case. These charges can include, but are not limited to, the following:
- Lewd Conduct in Public (Penal Code 647(a) PC): Engaging in lewd or dissolute behavior in public, such as touching someone's private parts (or your own) for sexual pleasure. This is the most common charge for public-view sex in a car.
- Indecent Exposure (Penal Code 314 PC): Indecent exposure involves deliberately revealing one's private parts in a public space or anywhere that could offend or upset others.
- Solicitation of Prostitution (Penal Code 647(b) PC): While prostitution laws mainly address the exchange of sexual services for payment or other compensation, law enforcement officials might charge you with solicitation or prostitution if they believe the sex act in the car was part of such an exchange.
- Disturbing the Peace (Penal Code 415 PC): Disturbing the peace involves engaging in loud, unreasonable, or offensive behavior toward others. Although having sex in a car might seem like a minor issue, you could be charged with this if it happens in a public place and someone complains.
What Could Be the Possible Consequences?
Most criminal charges involving sexual activity in a vehicle are classified as misdemeanor offenses. If convicted, you could be sentenced to six months to a year in county jail and face fines up to $1000. In suitable cases, the judge may opt for summary probation instead of jail, especially for minor or first-time offenses.
Keep in mind that crimes like indecent exposure and lewd conduct are considered sex crimes under California law, which means they require registration as a sex offender. If you are convicted of a sex crime related to a vehicle incident, even as a misdemeanor, your name will be listed on the sex offender registry for at least ten years.
You must update your registration details annually by reporting to law enforcement within five days of your birthday and any move. Being a registered sex offender may also affect your allowed residence and employment options.
What are the Typical Defenses Used?
If you're charged with a sex-related incident in a vehicle, your lawyer can use various defenses, such as, but not limited to, the following:
- No willful intent: You might claim that any exposure or act was unintentional or not meant for public view. To successfully use this defense, you'll need to convincingly show that you did not intend for your actions to be seen by others.
- The location was on private property: If the vehicle was on private property and not visible to the public, you should not be convicted of any crime.
- No public view: If the vehicle was technically located in a public area but no witnesses were present, this could serve as a valid defense to have the charges dropped or the sentence reduced.
For more information, contact Cron, Israels & Stark in Los Angeles, CA.
