Is It Illegal to Have Sex in a Car in California?

There’s no law in California that specifically prohibits engaging in sexual activity in a car.

However, depending on where the alleged act happened and who was around to see it, having sex in a car can lead to criminal charges. The two most commonly charged offenses are:

  • Lewd conduct in public
  • Indecent exposure

Both are misdemeanors, and both can carry fines and jail terms.

Facing charges for lewd conduct in public or indecent exposure can be disruptive to your personal and professional life. That’s why, if you or someone you know has been charged with either offense, a skilled California criminal defense attorney can advise you on the best way to fight your charges.

Possible charges for having sex in a car in California

As we mentioned above, no statute explicitly prohibits sexual activity in a car. However, certain laws may apply depending on the circumstances:

Penal Code §647(a) – Lewd Conduct in Public

This law criminalizes engaging in or soliciting lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. In order to convict someone of lewd conduct in public, a prosecutor will have to prove that certain facts in the case were true. These are known as the “elements of the crime.”

The elements of the crime for lewd conduct in public include:

  • Willfully engaging in the touching of one’s own or another person’s genitals, buttocks, or female breast;
  • With the intent to sexually arouse or gratify oneself or another person, or to annoy or offend another person;
  • While in a public place or a place open to the public or exposed to public view;
  • When someone else who might be offended is present.

Penal Code §314 – Indecent Exposure

This statute makes it a crime to willfully and lewdly expose one’s person or private parts in any public place or in any place where there are others present to be offended or annoyed.

The elements of this offense are:

  • Willfully exposing one’s genitals in the presence of another person who might be offended or annoyed;
  • Acting lewdly by intending to direct attention to the genitals for the purpose of sexual arousal, gratification, or to sexually offend another person.

Examples of lewd conduct in public and indecent exposure

Here are some scenarios illustrating how these laws may be applied:

  1. Parked Car in a Public Area – A couple engages in sexual intercourse inside their car, which is parked on a public street or in a parking lot. Passersby notice the activity through the vehicle’s windows and report it to authorities.
  2. Public Parking Structures – Individuals are found performing sexual acts in a car parked within a public parking garage. Security personnel or other patrons observe the behavior, leading to complaints.
  3. Vehicle in a Secluded Area – Even in seemingly isolated locations, such as a car parked on a remote road or in a deserted area, if someone happens upon the scene and is offended, charges can still be filed.
  4. Exposure from Within a Vehicle – An individual intentionally exposes their genitals while seated in a car, aiming to attract the attention of pedestrians or other motorists. This act can result in indecent exposure charges.

In each of these examples, the common factors include the visibility of the act to the public and the potential for others to be offended.

It’s important to note that even if the participants believe they are in a private setting within their vehicle, if the conduct is observable by others, it may still be deemed a violation of California’s laws on lewd conduct and indecent exposure.

Potential penalties for sexual activity in a car in public

Lewd Conduct in Public (Penal Code §647(a))

Lewd conduct in public is a misdemeanor.

  • Punishable by:
    • Up to six months in county jail;
    • A fine of up to $1,000;
    • Or both.
  • Does not require sex offender registration.

Indecent Exposure (Penal Code §314)

Indecent exposure, in most cases, is also a misdemeanor.

  • Punishable by:
    • Up to six months in county jail;
    • A fine of up to $1,000;
    • Mandatory registration as a sex offender for a minimum of ten years.
  • Aggravated cases or repeat offenses can be charged as felonies, leading to:
    • Longer prison terms;
    • Higher fines.

Defenses against lewd conduct in public or indecent exposure charges

If accused of offenses related to sexual activity in a vehicle, several defense strategies may be applicable:

  • Lack of Intent – Demonstrating that there was no intent to engage in lewd or sexual conduct. For example, if the exposure was accidental or occurred without the purpose of sexual gratification.
  • Expectation of Privacy – Arguing that the activity took place in a setting where there was a reasonable expectation of privacy. If the vehicle was parked in a secluded area, not visible to the public, this defense could be pertinent.
  • False Accusation or Mistaken Identity – Challenging the credibility of witnesses or evidence, especially in situations where identification may be in question.

At Helfend Law Group, we specialize in defending clients against charges of lewd conduct and indecent exposure. Our team is dedicated to protecting your rights and achieving the best possible outcome for your case.

If you or a loved one is facing such charges, contact us today for a free consultation at 800-834-6434.

Published February 3, 2025.