Is It Illegal to Have Sex in a Car?
March 16, 2025 | Nafiz M. Ahmed
No law in California prohibits people from having sex in a car. However, it is illegal to have sex in your car if you do so where someone can see you.
When Is It Illegal to Have Sex in a Car in San Jose, CA?
California Penal Code §647 makes it illegal to engage in lewd conduct in public. There are two elements the state must prove for a conviction:
Engaging in Lewd Conduct
The law defines lewd conduct as willfully touching your or another person’s private parts for sexual gratification. Private parts include the genitals, female breasts, and the buttocks. “Touching” includes sexual intercourse. Therefore, if you and your partner engage in sexual intercourse in your car, you would fulfill the element of “lewd contact” for the penal code.
In a Public Place
The statute states that lewd conduct must be performed in a public place or a place open to the public or exposed to public view. A public place is somewhere you knew or should have known someone could see you and be offended by your conduct. Public places are open and accessible to people who wish to go there, such as parks, parking lots, beaches, streets, etc.
Therefore, having sex in your car on a busy street could result in disorderly conduct charges under California PC §647. However, parking in a quiet section of the park could also result in disorderly conduct for having sex in your car. The state may argue that you should have known you could be seen because anyone could have wandered by your car even though you were “hiding” in a deserted portion of the park.
On the other hand, having sex in your car in your garage may be perfectly legal if the garage door is down. No one has the right to walk into your garage without permission, and the door being down prevents someone from seeing you from the street. However, leaving the garage door open or parking the car in your driveway could result in an arrest for having sex in your car.
What Is the Penalty for Having Sex in Your Car in California?
Disorderly conduct under PC §647 is a misdemeanor charge. A conviction could result in up to six months in county jail and a maximum fine of $1,000. Disorderly conduct for lewd conduct in public does not require you to register as a sex offender. However, the prosecution could charge you with indecent exposure in some situations. If you are convicted of indecent exposure, it could result in lifetime sex offender registration.
Defenses to Charges of Illegally Having Sex in Your Car in California
Never assume that a charge of lewd conduct for having sex in your car is a minor offense. All sex crimes have the potential for serious collateral consequences in addition to fines and penalties. You need to aggressively fight the charges with the help of a criminal defense attorney.
Potential defenses to a charge of lewd conduct in public include:
- The vehicle was not in a public place or in a place that the public could view
- You were not engaged in sex or touching for arousal or gratification
- You were entrapped by law enforcement
- You reasonably believed that no one present would be offended
- Law enforcement officers violated your rights
The best way to avoid being charged with lewd conduct in public is to avoid having sex in your car. If you are facing this charge, the best way to protect yourself is with the help of an experienced sex crimes attorney.
If you are arrested, do not make a statement or talk to the police without an attorney present. Doing so is not in your best interest. You need to invoke your right to remain silent except when asking to speak with an attorney. Do not discuss the charges or the circumstances leading to the charges with anyone other than your attorney.
Learn More About Sex Crimes in California During a Free Consultation
Sex crimes are serious criminal offenses that can result in fines, jail time, and registration as a sex offender. If you are charged with a sex crime, get help from an experienced criminal lawyer. Understanding your legal rights and possible defenses is crucial if you face charges for having sex in a car. An experienced criminal defense attorney can assess your case, challenge the prosecution’s evidence, and work to reduce or dismiss your charges. If you have been arrested, do not speak to law enforcement without legal representation.
Contact our Criminal Defense Law Firm of Ahmed & Sukaram, Criminal Defense Attorneys Today For Help
For more information please contact our criminal defense law firm of Ahmed & Sukaram, Criminal Defense Attorneys at the nearest location for a free consultation.
Ahmed & Sukaram, Criminal Defense Attorneys – San Jose Office
1625 The Alameda, Suite 405, San Jose, CA 95126
(408) 217-8818
Ahmed & Sukaram, Criminal Defense Attorneys – Redwood City Office
600 Allerton St Suite 201G, Redwood City, CA 94063
(650) 299-0500