At first glance, having sex in a car may seem like a private matter — especially if the windows are tinted or it’s late at night. However, under California law, this act can easily lead to criminal charges depending on where and how it occurs.
Under California Penal Code 647(a), it is a misdemeanor to engage in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view. While the law doesn’t explicitly mention “sex in a car,” the key issue is whether the act occurs in public view and whether it could be considered offensive to others.
What Is Considered “Public” in California?
You don’t have to be in a park, on a sidewalk, or at a beach for your actions to be considered public. A car parked on a street, in a parking lot, or any area accessible or visible to the general public can be interpreted as a public space under California law.
Even if you’re inside your vehicle with the doors closed and the engine off, if someone can see inside and is offended by what they witness, that may be enough for the police to arrest and charge you.
Common “Public” Places Where Charges Can Arise:
- Residential or commercial street parking
- Parking garages
- Public parks
- School parking lots (especially severe)
- Alleyways or industrial areas
- Near busy shopping centers or malls
- Inside parked vehicles near schools or churches
Charges You Could Face for Having Sex in a Car in California
There are a few primary charges someone could face for engaging in sexual activity in a car, especially in public:
1. Lewd Conduct in Public – California Penal Code § 647(a)
This is the most common charge in these situations. You may be charged if law enforcement believes:
- The act was lewd or sexual in nature
- It occurred in a public place or a place open to public view
- There was intent to offend or sexually gratify oneself or another
Penalties:
- Up to 6 months in county jail
- A fine of up to $1,000
- Probation and mandatory counseling
- Possible requirement to register as a sex offender in rare cases
2. Indecent Exposure – Penal Code § 314
If you exposed your private parts intending to offend or arouse, this more serious misdemeanor may apply. It carries harsher penalties.
Penalties:
- Up to 1 year in county jail
- Fines up to $10,000
- Mandatory lifetime sex offender registration in many cases
- Second offenses are often charged as felonies
3. Disturbing the Peace or Disorderly Conduct
Even if no one witnessed the act or no exposure occurred, police may still issue a citation under Penal Code § 415 or other local ordinances for disorderly conduct.
How Do Prosecutors Prove the Case?
To convict you of public lewdness or indecent exposure, the prosecution must prove:
- The conduct was sexual and occurred in a public or visible space
- There was intent to engage in sexual conduct or to arouse/offend
- Someone was present or could have been present who was offended or likely to be
Important Note: Mere presence in a car with another person or kissing does not meet the threshold. There must be actual sexual conduct and the likelihood of public exposure.
Possible Defenses to Public Sex Charges in California
If you’ve been arrested or cited for having sex in a car in California, you are not alone — and you do have legal defenses. At KN Law Firm, we often use these strategies to defend our clients:
Lack of Public Visibility
If no one could realistically see inside your vehicle, then your car may not qualify as a “public place.” This is particularly strong if you were in a secluded location or had tinted windows.
No Lewd Intent
Intent matters. If you weren’t engaged in sexual conduct or if the conduct was misinterpreted, this may be a valid defense.
False Accusation or Mistaken Identity
Unfortunately, some cases arise from personal disputes or neighbors making assumptions. If someone falsely accused you, we can challenge their credibility and any lack of evidence.
Illegal Search or Arrest
If the police did not have probable cause or violated your rights when investigating or detaining you, your charges could be dismissed due to procedural violations.
Why You Should Take These Charges Seriously
You may think a public sex charge is “embarrassing but minor,” but these offenses can carry lifelong consequences, especially if you are required to register as a sex offender under California law.
Even a misdemeanor conviction for lewd conduct can:
- Appear on background checks
- Harm your employment or immigration status
- Affect child custody rights
- Create long-term reputational harm
KN Law Firm Can Help — Serving Glendale, Los Angeles, and Beyond
If you’ve been arrested or cited for having sex in a car — or charged with lewd conduct, indecent exposure, or public sexual activity — contact KN Law Firm in Glendale, California immediately.
Our criminal defense attorneys have years of experience defending clients throughout Los Angeles, Glendale, Pasadena, Burbank, and other parts of Southern California.
We know how to get charges reduced, dismissed, or keep you out of jail — and we offer confidential, judgment-free representation.
Schedule Your Free Consultation
Don’t face these charges alone. KN Law Firm is here to protect your freedom and reputation. Contact us today to discuss your case confidentially. Call us now on (888) 950-0011 to discuss your case.