Quick Summary:
Yes, engaging in sexual activity in a car in public can be illegal and fall under lewd and lascivious behavior. It is easily visible to others, offensive to some, and can result in severe legal consequences such as arrest, criminal charges, fines, imprisonment, and a criminal record. It can also cause embarrassment and damage to one’s reputation. It is important to avoid such behavior to ensure safety and well-being.
What Does The Law Say?
Lewd and lascivious behavior. (a) Lewd and lascivious behavior is:
(1) Publicly engaging in otherwise lawful sexual intercourse or sodomy with the knowledge or reasonable anticipation that the participants are being viewed by others; or
(2) publicly exposing a sex organ or exposing a sex organ in the presence of a person who is not the spouse of the offender and who has not consented thereto, with intent to arouse or gratify the sexual desires of the offender or another.
What Is A Considered A Public Place?
The definition of a “public place” may vary depending on the jurisdiction and context in which it is used. In the context of lewd and lascivious behavior, a “public place” generally refers to any location that is open and accessible to the public or to a group of people.
Examples of public places may include parks, beaches, public restrooms, alleys, and sidewalks. The key factor in determining whether a location is a public place is whether the location is accessible to others, regardless of whether it is privately or publicly owned.
It is important to note that engaging in lewd and lascivious behavior in a public place may be considered a more serious offense than engaging in the same behavior in a private setting, as it may be considered more likely to offend or harm others who are present.
Possible Charges
- Class B nonperson Misdemeanor: if committed in the presence of a person 16 or more years of age
- Severity Level 9 person Felony: if committed in the presence of a person under 16 years of age
Possible Punishments
- Class B nonperson Misdemeanor: carry a maximum sentence of six months jail time and a $1,000 fine
- Severity Level 9 person Felony: 5 to 17 months (approx. 5 months to 1.5 years)
Possible Defenses
If you have been caught engaging in lewd and lascivious behavior, there may be several defenses that you can raise to challenge the charges against you. The specific defenses available to you will depend on the circumstances of your case.
Lack of intent: If you did not intend to engage in lewd and lascivious behavior, you may be able to argue that you were mistaken or that the behavior was accidental. For example, if you were changing clothes in your car and someone saw you, you could argue that you did not intend for anyone to see you.
Lack of knowledge: If you were unaware that your behavior was lewd and lascivious, you may be able to argue that you did not have the required knowledge to commit the offense. For example, if you were in a foreign country and engaged in behavior that is considered lewd in that culture but not in your own, you could argue that you did not know it was illegal.
Consent: If the other person involved in the behavior consented to the activity, you may be able to argue that you did not commit a crime. However, it’s important to note that consent may not always be a defense in cases involving minors or other vulnerable individuals.
False accusations: If someone falsely accused you of lewd and lascivious behavior, you may be able to argue that you were the victim of a false allegation. This defense is often used in cases involving disputes between neighbors or acquaintances.
Illegal search or seizure: If law enforcement obtained evidence of your lewd and lascivious behavior through an illegal search or seizure, you may be able to argue that the evidence should be suppressed and not used against you in court.
It’s important to note that the availability and success of these defenses will depend on the specific circumstances of your case and the applicable laws in your jurisdiction
When To Consult An Attorney
If you have been accused of or charged with lewd and lascivious behavior, it is recommended that you consult an attorney as soon as possible. An attorney can help you understand the charges against you, your legal rights, and the potential consequences of the charges.
Here are some specific situations in which you should consider consulting an attorney in regard to lewd and lascivious behavior:
- Accused of lewd and lascivious behavior
- Arrested for lewd and lascivious behavior
- Being investigated for lewd and lascivious behavior
- Have questions about lewd and lascivious behavior
