Is it illegal to have sex in a car? The short answer is: it depends. Having sex in a car is not explicitly illegal under any specific California statute. However, if your vehicle is parked in a public place, or anywhere visible to passersby, you can be charged with disorderly conduct under California Penal Code §647(a), which prohibits lewd or dissolute conduct in public.
A conviction carries up to six months in county jail and a $1,000 fine, and the charge stays on your criminal record. Depending on the circumstances, you could also face indecent exposure charges under Penal Code §314, which carries potential sex offender registration
Are you facing disorderly conduct charges for having sex in a car in the San Diego area? The California sex crime lawyers at The Law Offices of Kerry L. Armstrong, APLC are ready to fight for you.
To speak with an experienced San Diego sex crimes attorney, please contact us online or call 619-234-2300 today.
California Car Sex Laws: What You Need to Know
So, is having sex in a car illegal? As an initial matter, there is no statute that prohibits someone from having sex in a car, truck, or any other vehicle for that matter.
However, having any type of sexual relations in a vehicle can result in a violation of California’s laws against disorderly conduct.
California Penal Code section 647(a) explains this type of disorderly conduct as “an individual who solicits anyone to engage in or who engages in lewd or dissolute conduct in any public place or in any place open to the public or exposed to public view.”
A disorderly conduct conviction under this subsection is a misdemeanor offense.
In more serious cases, prosecutors may also charge you under Penal Code §314 (indecent exposure) if your genitals were intentionally exposed in a public place. Unlike disorderly conduct, a second indecent exposure conviction requires mandatory sex offender registration, making it critical to understand the distinction between these charges.
The Definition of “Public Sex” in California
While the language of Penal Code section 647(a) is hardly clear, it essentially means you cannot have sex in your car if the car is parked in a public place where members of the public might see you.
It is also against the law to have sex in a car parked on private property if members of the public can see you.
For example, if you have sex in your car while parked in an open garage, you may face disorderly conduct charges.
When it comes to defining what a public place is, common sense is your best guide. For example, parks, beaches, and roads are all public places. Most parking lots are also considered public places.
While some parking lots are privately owned, this doesn’t necessarily mean you can have sex in them because you may still be visible to the general public.
Is It Illegal to Have Sex in a Parking Lot in California?
Yes, in most cases. Parking lots, whether publicly or privately owned, are generally considered “places open to the public” under California Penal Code §647(a). This includes:
- Shopping center and grocery store parking lots
- Restaurant and bar parking lots
- Hotel and motel parking lots (even if you are a guest)
- Public park and beach parking areas
- Apartment complex visitor parking areas
- Street parking in residential or commercial areas
The key factor is visibility. If a reasonable person could observe you from a public vantage point, even through tinted windows, you could be charged. However, if your car is parked in a fully enclosed private garage with no public access, the “public view” element would likely not be met.
What Counts as “Lewd and Dissolute” Conduct?
While Penal Code section 647(a) does not provide an exact definition for prohibited conduct under the statute, it essentially covers any conduct in which a person’s breasts or genitals are exposed.
It can also include grabbing a woman’s breasts or a man’s penis over the clothes. Of course, depending on the situation, having sex in a car can fall within this definition.
Along those lines, masturbating in your car is also against the law, regardless of whether you remain fully clothed.
Superior Service & Support
Call or fill out the form to arrange a free consultation with a knowledgeable and experienced San Diego sex crimes lawyer.
Is Making Out in a Car Illegal in California?
Kissing or making out in a car is generally not illegal in California. Penal Code §647(a) specifically targets “lewd or dissolute” conduct, which requires sexual conduct involving exposure of breasts or genitals, or touching of private areas for sexual gratification.
Simply kissing, hugging, or engaging in non-sexual physical affection, even passionately, does not rise to the level of “lewd conduct” under the statute. However, if making out escalates to groping, removal of clothing, or exposure of private areas in a place visible to the public, it could cross the legal line into disorderly conduct.
Can You Go to Jail for Having Sex in a Car?
Yes. If you are convicted of disorderly conduct under Penal Code §647(a) for having sex in a car, you face up to six months in county jail. However, jail time is not automatic, many first-time offenders receive probation, community service, or a fine instead of jail time.
The situation becomes significantly more serious if prosecutors charge you with indecent exposure (PC §314) instead of, or in addition to disorderly conduct. Here is how the potential penalties compare:
| Charge | Disorderly Conduct — PC §647(a) | Indecent Exposure — PC §314 |
| Classification | Misdemeanor | Misdemeanor (1st) / Felony (2nd+) |
| Max Jail/Prison | Up to 6 months county jail | 1st: Up to 6 months jail 2nd+: Up to 3 years state prison |
| Max Fine | $1,000 | $1,000 (misdemeanor) / $10,000 (felony) |
| Sex Offender Registration | No | 1st: No (but judge has discretion) 2nd+: Mandatory (Tier 1 -minimum 10 years) |
The distinction between these charges matters enormously. An experienced San Diego criminal defense attorney can often negotiate a PC §314 charge down to a PC §647(a) disorderly conduct charge. avoiding the risk of sex offender registration entirely.
Punishments for Having Sex in Your Car in California
If you face disorderly conduct charges for having sex in your car, it is a misdemeanor offense. If convicted, you could face up to six months in jail and a fine of up to $1,000.
Perhaps more importantly, this offense will stay on your record for life (unless you later qualify for a dismissal pursuant to Penal Code section 1203.4).
Needless to say, even if your criminal sentence is light, it may lead to an awkward conversation at your next job interview.
Additional consequences of a car sex conviction in California can include:
- A permanent criminal record visible on background checks
- Difficulty obtaining employment, housing, or professional licenses
- Immigration consequences for non-citizens (moral turpitude issues)
- Potential impact on child custody proceedings
Court-ordered counseling or community service
Defenses to California’s Car Sex Laws
While it may seem as though all hope is lost if police officers arrest you for having car sex, that isn’t necessarily the case.
In fact, there are a few defenses to these crimes which may result in a judge or jury acquitting you or the withdrawal of charges.
- You were not having sex or engaging in lewd or dissolute conduct;
- You incidentally touched another’s genitals for purposes other than sexual gratification;
- Your vehicle was not in a public place;
- You had a reasonable belief that no one would be offended by your actions; or
- Police violated your rights by discovering you having sex in your car.
Aside from these defenses, there may also be insufficient evidence to convict. Say someone reports that you were having sex in public.
The prosecution needs to prove beyond a reasonable doubt that you were guilty of the crime, and the alleged witness’s word alone may not be enough.
For example, depending on their view, it may have been impossible to tell whether you were having sex or engaging in some other behavior.
While the prosecution does not need to prove you were actually having sex, it could still be difficult to establish that the conduct rose to the level of lewd or dissolute conduct.
Contact a San Diego, California Sex Crimes Lawyer Today
If you face disorderly conduct charges in California for having sex in your car, reach out to the Law Offices of Kerry L. Armstrong, APLC, for immediate assistance.
Our dedicated sex crimes lawyers in San Diego have extensive experience representing clients in all types of sex crimes.
Our three attorneys have a successful track record, having tried well over 100 jury trials to verdict.
To learn more, and to schedule, a free case evaluation, give the Law Offices of Kerry L. Armstrong, APLC, a call at 619-234-2300. You can also connect with us through our online contact form.
Frequently Asked Questions About Car Sex Laws in California
Is it illegal to have sex in a car on private property in California?
It depends on visibility. If your car is on private property but visible to the public, such as a driveway, open parking lot, or unfenced area, you can still be charged under PC §647(a). The law focuses on whether the conduct is “exposed to public view,” not whether the property is public or private.
Can you get arrested for having sex in a car with tinted windows?
Tinted windows may reduce the likelihood of being observed, but they do not provide a legal shield. If a police officer approaches your vehicle and observes lewd conduct, even through partially tinted windows, you can be arrested. Officers may also respond to reports from witnesses who saw you enter the vehicle in a state of undress.
What happens if you get caught having sex in a car in San Diego?
Typically, the responding officer will detain both parties, conduct a brief investigation, and issue a citation or make an arrest for disorderly conduct under PC §647(a). You will be required to appear in San Diego Superior Court. The District Attorney will then decide whether to file formal charges based on the evidence and circumstances.
Does a car sex conviction show up on a background check?
Yes. A disorderly conduct conviction under PC §647(a) is a misdemeanor and will appear on criminal background checks. This can affect employment, housing applications, professional licensing, and immigration status. However, you may be eligible to have the conviction dismissed under PC §1203.4 (expungement) after completing probation.
Is oral sex in a car illegal in California?
The same rules apply to oral sex as to any other sexual activity in a car. If the vehicle is in a public place or visible to passersby, oral sex constitutes “lewd or dissolute conduct” under PC §647(a) and can result in misdemeanor charges.
Where You Can Find Our San Diego Office Location
Kerry L. Armstrong
Rate this Post
Loading...