While there are no laws that explicitly state having sex in a car is against the law in California, that doesn’t mean you can’t be charged for doing so. In fact, there are several different charges you could face if law enforcement finds you having sex in a car.
If you’ve been charged with indecent exposure or another offense related to having sex in a vehicle, you’re probably worried about the consequences you’re facing. At Simrin Law Group, our Los Angeles criminal defense lawyers understand what you’re going through and can help fight your charges. We’ll work hard to defend your rights and protect your future.
The Law That Makes Having Sex in a Car Illegal in California
As mentioned above, no law in the state of California says having sex in a car is illegal. However, there are laws that prohibit you from engaging in lewd conduct in a publicly visible place. Therefore, most individuals who are caught having sex in a car are charged under California Penal Code § 647(a): lewd conduct in public.
According to the law, lewd conduct is considered willfully touching the genitals, buttocks, or breasts of another person or yourself. This action must be taken with the intent of sexual arousal or to offend someone who may be watching to be a violation of the law.
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Elements of a Lewd Conduct in Public Charge
Simply having sex in a vehicle isn’t enough for you to be charged with lewd conduct in public. There are other elements of this offense that must be satisfied for you to face legal consequences. The following three statements must be true for you to be convicted of having sex in a car in California.
- You must commit a lewd act.
- You must be in a public place or on private property in an area easily visible to the public.
- You must know or be in a position where you reasonably should know that someone would likely see you.
If all three of these elements do not apply, you have not violated this section of the penal code. If they do apply, you could face fines, imprisonment, and other negative consequences. An attorney can help you combat your charges, working hard to get them reduced or dismissed.
How a Lawyer Can Combat a Lewd Conduct Charge
If you’re facing charges after having sex in a car in California, you’re probably concerned about your case and worried about the consequences you could suffer. Luckily, an experienced lawyer can give you peace of mind by taking on your case and building a strong defense on your behalf.
There are many potential defense strategies your attorney can use to combat your lewd conduct charge. It all depends on the specifics of your case. A criminal defense lawyer can review the charges against you and the situation under which you allegedly violated the law and advise you of all your options.
Some of the most common defenses in these cases include proving one or more of the following statements:
There Was No Touching of Private Parts
If you didn’t commit a lewd act, you are not in violation of the law. Maybe you were kissing someone and had your hands on their lower back. Someone may have misinterpreted what they saw. The burden of proof lies with the prosecution, so you should be in a good position to win your case under these circumstances.
The Touching of Private Parts Was Not for Sexual Gratification
There are various reasons for the touching of private parts that have nothing to do with sexual gratification. You may touch yourself in a private area because you have an itch. A friend or family member may ask you to touch her breast because she thinks she feels a lump. Your intent is an important element of the crime that will be considered in court.
It Was Not a Public Space
If you were parked on your own property behind a privacy fence, you are within your rights to have sex in your vehicle. Having sex in an open driveway in your car would be considered a violation. Despite the fact that you are on private property, you are exposed to the public view. However, in your backyard, behind a fence, you should be able to assume privacy.
You Had a Reasonable Belief that Nobody Was Present
It is permissible to have sex in your car on public property if you have a reasonable belief that there is nobody around to see the act and be offended. If you are out camping in a secluded area, just as it would be acceptable to have sex in a tent, it is acceptable to have sex in your car.
You Were a Victim of Entrapment
It is against the law for the police to entrap anyone into committing a crime. Where the line is for what is and is not considered entrapment can be a little fuzzy. A mere suggestion of criminal activity is likely not enough to constitute an entrapment situation. However, aggressively urging on the illegal activity most certainly is.
If a police officer entrapped you into engaging in sexual behavior in your car in a public space, your criminal defense attorney will likely be able to build a strong defense on your behalf.
Penalties for Having Sex in a Car in California
Understanding the consequences you may face from your offense can help you make informed legal decisions throughout your case. If you are convicted of committing a lewd act in public, you are looking at a misdemeanor charge. A conviction can result in:
- Up to $1,000 in fines
- Up to six months in jail
- Summary probation
These penalties have the potential to upend your life, damage your permanent record, and make it hard for you to find employment in the future. In addition to these consequences, you could also be required to register as a sex offender. An attorney can help protect you from these penalties and advise you on how to get off the sex offender registry.
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Other Laws That Make Having Sex in a Car Illegal in California
Lewd conduct in public isn’t the only charge you can face after having sex in a car. In fact, several other charges may be on the table after such an incident. An attorney can explain the following offense and provide the representation you need to avoid a conviction:
- Indecent exposure: Under California Penal Code § 314, making your private parts visible in a public space is against the law. If you are found having sex in a car in public, you could be charged with indecent exposure.
- Solicitation of prostitution: If the police catch you having sex in a car and believe that the sex act was part of a monetary transaction, you could face prostitution charges. Fortunately, an attorney can defend you against these charges and help you avoid a serious mark on your permanent record.
- Disturbing the peace: Under California Penal Code § 415, disturbing the peace involves committing an act in public that is loud or offensive to others. If law enforcement determines that your offense falls under this category, you may face an infraction or misdemeanor, depending on the severity of the incident.
Hiring a Criminal Defense Lawyer in California
Since having sex in a car is against the law in California, you could face serious consequences if convicted. If you’ve been charged with lewd conduct or another offense, you’re probably under a lot of stress. Simmrin Law Group understands how worried you must be and is here to offer empathetic legal counsel.
A Los Angeles criminal defense lawyer from our firm can mount a convincing defense and fight the charges you’re facing. Contact us today to schedule a free consultation and learn more about your rights. If you hire us, you can rest assured that we’ll work tirelessly to get your charges dropped.
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