How Illegal Is It to Have Sex in Public?
You’re probably vaguely aware that being frisky in public can get you into trouble, so articles or viral videos of people doing it usually get a lot of attention. It’s so abnormal, right? Well, not quite. After all, these things have levels. For example, young people who live with their parents know all about back seat relationships, but are they illegal? How about public urination that requires the use of the same body part? And if you get in trouble, how bad will that be for your criminal record and your future? These are good questions to explore before the next time you and your partner find yourself tipsy in a hotel elevator and think you can handle the feeling before someone discovers you.
Is it legal to urinate in public places?
Pissing isn’t sexy (although if you think it is, we’re not fucking your yum), but if you’re doing it outside, you expose yourself to some extent. Depending on several factors, this can be a serious crime. According to defense attorney Janet Portman , public urination is illegal almost everywhere, although you could be charged under a specific law against it, or something broader, such as a disorderly conduct or disorderly conduct law, depending on where. you live and get to the prosecutor’s office. On the other hand, in 2017 in New York City, police officers were instructed to start using their discretion to issue civil summonses, rather than criminal ones, when dealing with petty crimes such as, you guessed it, public urination. The consequences you may face are vast and depend on a number of factors, from who may witness you coping with need to where you live.
In most states, you’ll get a misdemeanor charge, according to FindLaw’s Andrew Lu , but if there are children around, you risk being charged with a sex crime.
Is it legal to have sex in public?
Can you have sex in public? Legally no, no, but we all know people who weren’t stopped by that little detail. What exactly are they risking? According to litigation spokesperson Deborah S. England and attorney Rebecca Pirius , public sex can lead to allegations of public indecency, indecent exposure, or disorderly conduct.
Again, in most states laws that criminalize sex make it a misdemeanor, but the types of laws governing this behavior vary from place to place. In some states, public sex is completely banned, while in others, you may be accused of indecent or indecent behavior. Here’s an example from Steven G. Rodriguez, a Los Angeles criminal defense attorney: Sex in public is not a crime in California unless one sees (or cannot see) and is offended by it. Generally, public sex is covered by two state laws. The first is the law against indecent exposure, and the second is the law against obscene behavior in public. So, while a number of circumstances will be required to get arrested there, and you won’t be directly charged with violating the law against public sex, you can still be charged under them.
Check the laws governing obscenity, obscenity, disorderly conduct, and nuisance in your state, and consider what is “public” and what is not. England and Pirius noted that, based on case law, you must assume that public toilets and facilities, recreational areas (such as beaches and parks), shops and businesses open to the public, schools, public streets and highways, and public transport are “public”. “. Basically, if someone happens to you, you should consider it a public place, at least when deciding whether or not to meet there.
Can you have sex in a car?
All told, according to England and Pirius, whether your car connection is illegal or not depends on whether the car qualifies as a public place. Consider the location of the vehicle. Public street during daytime? It will probably be considered public. Deserted street at night? It’s more of a gray area. A court in New York has effectively ruled that sex in a car is not “public” if passers-by cannot see what is happening. The couple in this case, according to England and Pirius, made sure to park on a more deserted street when it was dark and overcast outside, which ultimately led to a court ruling that they were not “in public” .
However, it won’t be fun to go to court for quick sex, even if you end up winning like this couple. If you insist, the best way to avoid the long arm of the law is to be as invisible as possible to casual observers.
How about masturbating in public?
Generally speaking, you can’t masturbate in public either. Laws vary from place to place, but it’s not the best idea wherever you are. In Texas, for example, according to Houston lawyer Ned Barnett , you could be charged with indecent exposure. Washington, D.C. has a specific statute that prohibits all of these: “It is against the law for a person to display his genitals or anus in public, or indecently, to masturbate or engage in sexual intercourse,” as defined by law.
Even places where you think he can fly can be questionable. Back in 1991, Pee-wee star Paul Reubens was arrested for masturbating in an adult theater in Florida. He was charged with sexual exposure . Even in a dark theater showing real pornography, you can’t be legally safe. Again, check all applicable laws in your area, but let’s assume it’s not allowed.