What Happens If You Get Caught Having Sex in a Car?

December 12, 2023

Many people get a little hot and heavy in their car after a date, particularly young adults who may not have the privacy of a private home. For some people, it is the only place they can have sex without fear of catching a roommate’s suspicious gaze or being kicked out by parents. Unfortunately, having sex in a car can also be against the law in certain circumstances.

Most states have laws against public indecency, indecent exposure, or disorderly conduct that could apply to having sex in your car. Whether or not you’ll be arrested for this depends on several factors, including how obvious your sexual activity is and where the car is parked. “If you’re parked in a highly-trafficked area, such as a parking lot during peak business hours or in front of a store that sells alcohol or candy, there is a high likelihood of a minor seeing your behavior and calling the police,” says Ohio criminal defense attorney Brian Joslyn.

If you’re caught in a situation like this, you could be charged with disorderly conduct, a misdemeanor offense. This could result in jail time and a mark on your record that will follow you into the future, so it’s important to talk to an experienced criminal attorney as soon as possible.

A good lawyer might be able to use a vagueness or overbreadth challenge, depending on the facts of your case, in an effort to avoid conviction. They may also be able to argue that the police officer’s actions constitute entrapment, which could result in a dismissal of charges or acquittal.

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