Sex in the Car in California – Is It Illegal?
In California, there is no law that directly makes it illegal to have sex in a car. However, depending on where and how the act occurs, it may still result in criminal charges. The key issue is whether the activity takes place in public view or in a space considered open to the public.
At The Law Offices of Arash Hashemi, we’ve defended clients in Los Angeles against a wide range of criminal charges, including those related to alleged public sexual conduct. What may have felt like a private moment can quickly turn into a legal issue if someone witnesses the act and contacts law enforcement. Here’s what you need to know if you’ve been charged — or want to avoid legal consequences.
Is It Illegal to Have Sex in a Car in California?
California does not prohibit consensual sexual activity between adults in private. But once that activity takes place in public or where others might see it, several laws can come into play. The most common is Penal Code § 647(a), which makes it a misdemeanor to engage in lewd or dissolute conduct in a public place or a place exposed to public view.
This means that even if you’re inside a car, if the vehicle is:
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Parked on a public street, in a park, or a parking lot,
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And others can reasonably see inside,
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And sexual acts or exposure are taking place,
You may be charged with a criminal offense.
What Happens If You’re Caught Having Sex in Public in a Car?
If law enforcement witnesses or receives a report of sexual activity taking place in a car, and it’s determined that the act occurred in public view, you could face one or more misdemeanor charges. The specific charge will depend on the conduct, location, and whether there is any evidence of solicitation or indecent exposure.
Even though these offenses are typically classified as misdemeanors, they can carry significant legal and personal consequences, including:
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Arrest or citation by police
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Court appearance and potential criminal record
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Probation, community service, or counseling
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In some cases, mandatory sex offender registration
What Charges Can You Face for Sex in a Car in California?
Lewd Conduct in Public
This is the most common charge filed in car-related sex cases. Under Penal Code § 647(a), it is a misdemeanor to engage in lewd or dissolute conduct in a public place or anywhere visible to the public. A conviction can lead to up to six months in county jail and a fine of up to $1,000.
Indecent Exposure
If someone willfully exposes their genitals in a public setting or where others may be offended, they may be charged under Penal Code § 314. This offense is considered more serious than lewd conduct and can trigger mandatory sex offender registration under Penal Code § 290, especially for repeat offenses.
Solicitation of Prostitution
If law enforcement believes the sexual activity involved payment or an exchange of value, they may charge you under Penal Code § 647(b). This includes offering, agreeing to, or engaging in a sex act in exchange for money or anything of value — even if the exchange wasn’t completed.
Disturbing the Peace
When the conduct doesn’t meet the threshold for lewdness or exposure but still causes a public disturbance, police may file charges under Penal Code § 415. While less severe, this misdemeanor can still result in probation, community service, or fines.
When Is a Car Considered a Public Place Under California Law?
A key issue in these cases is whether the sexual activity took place in a public setting or was visible to others. Under California law, a “public place” is not limited to government-owned property. Any location where people have access — or where someone could reasonably see the act — may qualify.
Examples include:
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Parked cars on city streets or in parking lots
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School grounds or playgrounds
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Parks and recreational areas
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Alleys, beaches, or shopping centers
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Private property visible from the street or sidewalk
If your vehicle was in one of these areas and others could see inside, you may not have had a legal expectation of privacy — a key issue in building a defense.
Penalties for Having Sex in a Car in California
Most of the charges discussed above are misdemeanors, but they can still carry serious penalties, including:
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Up to 6 months in county jail
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Fines of up to $1,000
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Summary probation
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Community service or mandatory counseling
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In cases of indecent exposure, potential registration as a sex offender under Penal Code § 290
Even if jail time is avoided, a conviction for a sex-related offense can have long-term consequences. You may be required to disclose the conviction on job applications, face restrictions related to where you live or work, or encounter immigration problems if you are not a U.S. citizen.
Legal Defenses We Can Raise
The Act Was Not in Public View
If no one could reasonably see inside the vehicle, then the prosecution may not be able to prove the conduct was “lewd” or took place in public.
No Intent to Offend
Lewd conduct and indecent exposure charges require that the act was done willfully for the purpose of sexual arousal or offense. If the conduct was accidental, misunderstood, or not meant for public view, intent may be missing.
No Evidence
Many of these cases depend on witness statements or observations by law enforcement. If the evidence is weak or based on assumption, we may be able to challenge the reliability or sufficiency of the proof.
Private Property With No Public Access
If the car was parked on private property, out of view of the public, and with consent from the owner, the location may not qualify as a public place under the law.
Accused of Public Sex in Los Angeles? Talk to a Defense Lawyer Today
A moment of privacy shouldn’t turn into a criminal record. If you’ve been arrested for having sex in a car or cited for lewd conduct or indecent exposure, contact The Law Offices of Arash Hashemi right away. These cases are sensitive — and often defensible — but timing is critical.
With more than 20 years of experience in criminal defense across Los Angeles, Attorney Arash Hashemi will carefully review the facts of your case, protect your privacy, and fight to keep your record clean.
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