Criminal Defense Lawyers

is it illegal to have sex in a car

Is It Illegal to Have Sex in a Car? What You Need to Know

You’re young and in love. The passion is burning hot and you just can’t keep your hands off each other. But finding some privacy to express that passion can be a challenge, especially if you’re still living at home with mom and dad. So you decide to take things to the back seat of your car for a steamy make-out session.We get it – the thrill of getting intimate in a semi-public place is enticing. But is having sex in a car actually legal? The short answer is – it depends. There’s no specific law that says “thou shalt not have sex in an automobile.” However, depending on where you park to get frisky, you could be breaking some other laws related to lewd conduct or public indecency.

At Spodek Law Group, we’ve defended many clients over the years who got a little too carried away in their vehicles. Here’s what you need to know to avoid getting slapped with criminal charges over car sex.

Public Lewdness and Indecent Exposure

Most states have laws on the books prohibiting public lewdness and indecent exposure. While these laws don’t explicitly mention sex in cars, getting it on in your vehicle could fall under the umbrella of lewd behavior, especially if you’re parked in a public place.Generally, these laws prohibit engaging in sexual activity or exposing your private parts in an area accessible to the public, where others are present and may be offended. Penalties can include fines and even jail time, depending on the circumstances and your state.So if you and your honey are getting hot and heavy in a car parked on a busy street or in a crowded parking lot, you could be cited or arrested for public lewdness or indecent exposure if someone sees you and reports it to police. On the other hand, if you’re parked in a remote location away from prying eyes, the risk is much lower.

Location, Location, Location

Where you choose to park for your steamy backseat romp makes a big difference in whether you could face legal trouble. Obviously, busy public places are a big no-no. This includes parking lots, public parks, beaches, and really any area where people regularly congregate.Even if you think you’ve found a good hidden spot, like an alley or behind a building, you’re still taking a risk. All it takes is one person to wander by, peek in the window, and whip out their phone to call the cops on you.Your best bet is to find a very secluded area with no foot or vehicle traffic. Think the middle of nowhere, down a deserted road, in the woods, etc. Of course, make sure you’re not trespassing on private property or you could get busted for that too.Some other locations to avoid getting frisky in your car:

• Parking lots of schools, playgrounds, or daycare centers (could lead to additional charges)
• Handicap parking spaces
• Parking garages
• Apartment or hotel parking lots
• Highway rest stops or pull-offs

Put It in Park

We probably don’t need to tell you this, but having sex while driving is an incredibly bad idea. Not only will it land you in legal hot water if you get caught, but it’s insanely dangerous. You could easily lose control of the vehicle and cause a serious accident. Plus, swerving or driving erratically is a surefire way to get pulled over. No orgasm is worth risking lives.So if the mood strikes while you’re cruising down the highway, resist the urge to unzip until you can safely park your car in a secluded spot. Turn the engine off, put it in park, and make sure the parking brake is engaged before you get busy.

Tinted Windows Are Your Friend

If your windows are not tinted, anyone walking by can easily see what’s going on inside the car, especially at night when your interior lights will make you a lot more visible. Tinting your windows will give you more privacy and make it tougher for passersby to see in.Each state has different laws about how dark you can tint your windows, so make sure you stay within those restrictions. You can also use sunshades to cover the windows. Just don’t forget to crack a window or two – it can get pretty steamy in there!

Situational Awareness is Key

The biggest key to avoiding legal trouble is to be very aware of your surroundings. Don’t get so caught up in the moment that you let your guard down. Keep scanning the area to make sure no one is around.If someone does approach the vehicle, cease your activities immediately. Quickly get dressed and don’t make any sudden movements that suggest you’re up to no good. If it’s a cop, be polite and cooperative.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Potential Penalties

As we mentioned, penalties for public lewdness, indecent exposure, or disorderly conduct vary by state. But in general, these are misdemeanor crimes punishable by:

• Fines ranging from a few hundred to a few thousand dollars
• Up to a year in county jail
• Probation
• Community service

Having to register as a sex offender is also a possibility in some states or circumstances, like if you engaged in lewd acts near a school.

What To Do If You Get Caught

Hopefully you’ve taken precautions to avoid getting caught with your pants down. But if you do find yourself in a compromising position when the cops come knocking, the first thing to do is to stay calm. Quickly cover up and make yourself decent. Be respectful and don’t make any sudden moves.You’ll likely be asked to step out of the vehicle. Provide your identification if asked, but politely decline to answer questions about what you were doing. You have the right to remain silent, so exercise it. Don’t admit to anything, as that can be used against you later. Just say you want to speak to an attorney first.If you do end up getting arrested or cited, contact an experienced criminal defense lawyer right away. Don’t try to handle the situation on your own. A skilled attorney may be able to get the charges dismissed or reduced, especially if there are weaknesses in the case against you.

Our Track Record of Success

At Spodek Law Group, we have decades of experience successfully defending clients against lewd conduct and indecent exposure charges, including many cases involving alleged sexual activity in vehicles. We know the ins and outs of these laws and how to poke holes in the prosecution’s case.Our top priority is protecting your rights and your reputation. We understand that an arrest or criminal charge for a sex crime can be devastating and humiliating. That’s why we treat every case with the utmost discretion and work tirelessly to get you the best possible outcome.We’ve gotten countless cases dismissed or reduced to minor infractions, sparing our clients the embarrassment and life-long consequences of a sex offense on their record. Here are a few recent examples:

• Case dismissed for client cited for lewd conduct in a car, based on insufficient evidence
• Charges reduced to simple trespassing for client caught engaging in sexual activity in a state park parking lot
• No charges filed against college student arrested for indecent exposure for receiving oral sex in car in campus parking garage

While we can’t promise a particular result, we can assure you that you’ll have a dedicated team in your corner fighting for you every step of the way. If you’ve been arrested or are under investigation for a sex crime due to activity in a vehicle, don’t wait – contact us today for a free and confidential consultation.

The Bottom Line

We’re not here to judge you for wanting to spice things up with your partner. But we do want you to be smart about it and understand the potential risks involved with car sex. By taking some common sense precautions and knowing the law, you can avoid an embarrassing arrest that could haunt you for years to come.