While consensual sex in a car is not explicitly prohibited under California law, it can still lead to criminal charges if it occurs in a public or visible location. Statutes related to lewd conduct, indecent exposure, or public nuisance may apply based on the circumstances. These charges may lead to fines, jail time, and a criminal record. In some cases, particularly when linked to sex offenses, they may also impact immigration status. If you are facing these charges, you should understand the relevant California Penal Codes and seek legal counsel as soon as possible. This guide explains the applicable laws, potential penalties, and available legal defenses to help protect your rights and future.

California Penal Code § 647(a): Lewd Conduct in Public

In California, the law that is most frequently used when sexual activity in a vehicle results in criminal charges is Penal Code 647(a). This law makes engaging in dissolute or lewd behavior in a place open to the public, a public place, or any place subject to public view.

Elements of a PC 647(a) Violation

  • Voluntary Lewd Act

To be found guilty, the prosecution has to demonstrate that you intentionally touched your buttocks, genitals, or (in the case of a woman) breasts, or those of someone else. The touching must be intended to either sexually arouse one of the participants or to offend another person.

This element of intent is vital. The legal standard is not met by accidental, non-sexual, or medically necessary touching. For example, adjusting clothing or scratching an itch would not constitute lewd conduct unless done intending to arouse, gratify, or offend sexually. It is not about the action itself, but the intent behind it.

  • Exposure to Public View or Public Place

The act must have been done where people could see it or in a public place open to people, even though it is technically private property. California courts have a broad definition of the term public place. Examples of locations that may be considered public, depending on visibility and accessibility, include cars parked on public streets, open parking lots, or private driveways that do not have barriers that shield them from public view.

Even being in a personal car might not protect against exposure to the public, depending on the location and the visibility.

  • Knowledge or Reasonable Belief of an Offended Witness

The prosecution must also prove you were aware or reasonably ought to have known someone would see the act and be offended. Notably, the law does not require that someone was offended; only a reasonable person could have taken offense given the circumstances.

This element of the statute allows for several potential legal defenses. If you did something to preserve privacy, such as parking in a remote location, covering the windows, or being sure that no one was around, you can claim that you had a reasonable belief that you would not be observed.

Significance of Reasonable Expectation of Privacy

The concept of a reasonable expectation of privacy is crucial when defending against charges related to sexual activity in a vehicle. If you can prove that you had a reasonable belief that you were not going to be seen, this may be used to weaken the legal necessity that you knew or ought to have known that someone would have seen the act and have been offended.

Examples of Privacy

  • Remote Locations: Even in remote or rural areas, public sexual activity may still be subject to prosecution if the location is publicly accessible or the act is visible to others.
  • Private Property: A vehicle parked in a fenced backyard on private property is generally considered to have a higher expectation of privacy.
  • Tinted Windows or Nighttime: Dark-tinted windows or activity at night in an isolated place is not an absolute defense and may be used to prove a claim of reasonable privacy.

The law focuses on visibility and whether you took reasonable steps to ensure that you could not be seen. Proactive actions, such as choosing isolated locations or covering windows completely, enhance a legal defense and show that an intentional effort was made to preserve privacy.

PC 647(a) penalties

Misdemeanor Penalties

A charge for lewd acts in public under California Penal Code 647(a) is charged as a misdemeanor. You could be sentenced to six months in jail, a fine of up to $1,000, and informal probation, which usually takes one to three years. Courts may also require community service, counseling, HIV testing, and stay-away orders that bar you from returning to the location of the incident and prohibit

Registration Risk.

PC 647(a) convictions do not automatically trigger registration as a sex offender unless the court finds the act was sexually motivated and orders it under Penal Code 290.006. However, this may change if the offense is committed alongside other registerable crimes, such as indecent exposure under PC 314.

California Penal Code 314: Indecent Exposure

Indecent exposure under California Penal Code 314 involves the intentional exposure of one’s genitals in the presence of another person in a way likely to be seen by someone who may be offended or annoyed. Under this law, female breasts are not considered genitals.

Significant Differences with PC 647(a)

PC 314 differs from PC 647(a) in that PC 314 is exposure-oriented, whereas PC 647(a) is aimed at sexual touching in a public place. Nevertheless, depending on the facts, both charges may be brought out of one incident.

Consequences For PC 314 Violations

Indecent exposure under PC 314 is charged as a misdemeanor for a first offense. Still, the charges could increase to a felony charge  if you have prior convictions or if aggravating factors are present.

  • Misdemeanor (first offense): The punishment includes six months in jail and a fine of up to $1,000.
  • Felony (repeat or aggravated): Punishment includes 16 months, 2 years, or 3 years in prison, along with fines of up to $10,000.

Most importantly, a felony conviction under PC 314 requires mandatory sex offender registration for 10 years, a severe consequence that prosecutors may leverage during plea negotiations.

California Penal Code 647(b): Prostitution Solicitation

When a sexual act in a car is accompanied by money or payment of some sort, it can result in a charge of PC 647(b), which makes it a crime to offer or accept the offer to engage in prostitution. The sexual act does not need to occur; the agreement alone may be enough to trigger prosecution.

Penalties of PC 647(b) Violations

  • First Offense: 6 months in jail and a $1000 fine.
  • Second Offense: A minimum of 45 days in jail is required.
  • Third or Greater: At least 90 days in jail.

If the offense occurs in a vehicle within 1,000 feet of a residence, the court has the discretion to suspend your driver’s license for 30 days or impose a driving restriction for up to 6 months.

California Penal Code 415: Disturbing the Peace

If a case may not qualify as lewd conduct or indecent exposure, a person can be arrested on PC 415 for disturbing the peace. This applies to conduct that is loud, offensive, or disruptive in public spaces. As an example, if sexual activity causes excessive noise or public disruption, it may qualify as disturbing the peace under PC 415.

PC 415 punishment

This crime is usually a misdemeanor, which is punishable by up to 90 days in county jail, fines of up to $400 and probation or community service.

Other Associated Crimes

Other less-known charges can be applicable depending on the situation:

  • Trespassing (PC 602): In case the vehicle is on the property of a person without permission
  • Public Intoxication (PC 647(f)): In case the participants are intoxicated by alcohol or drugs and they are a threat to themselves or others, or obstruct public paths

These charges do not necessarily have to be brought in as the main offenses, but can enhance the gravity of the legal circumstance, particularly when combined with more serious charges.

Legal Defenses to Car Sex Charges in California

Being accused of a sex-related offense, including those involving sexual activity in a car, can be overwhelming and carry serious legal consequences. Even misdemeanor charges can carry serious legal, personal, and reputational consequences. Nevertheless, the law demands that the prosecution must establish all the elements of the suspected crime beyond a reasonable doubt. You cannot be convicted if any element of the charge cannot be substantiated. Your criminal defense lawyer may employ the following defenses during your trial.

No Lewd Act/No Touching Private Parts

In California, Penal Code 647(a) defines lewd conduct as the intentional touching of one’s own or another person’s genitals, buttocks, or (in the case of women) breasts with the intent to arouse, gratify, or offend sexually. This means that not all forms of physical intimacy meet the legal definition of lewd conduct.

For example, if a couple is merely kissing or hugging in a parked car, a passerby’s assumption of sexual activity is not enough to meet the legal threshold. The act will not pass the legal test unless the prosecution can demonstrate that touching the mentioned body parts was intentional. Such ambiguity can raise reasonable doubt to defeat the prosecution’s case.

The defense can also give alternate explanations for what the witness saw. A hand placed near the lap, but not touching, could easily be mistaken for intimate contact.

When a witness has seen something moving in the car but does not know what was happening, this ambiguity can invalidate the prosecution's argument.

Lack of Sexual Gratification or Offensive Motive

Although touching of the private parts is established, it has to be demonstrated that the motive of the act was either to attain sexual arousal or to insult someone. This requirement concerns your intentions during the time of the alleged conduct. Touching the intimate parts is not always sexual. There are numerous innocent reasons why people can feel their own or another person's body in those areas: to scratch an itch, adjust clothing, apply medication, or help with a medical condition.

As an example, if you briefly adjusted your undies or pants or assisted your partner to address a medical problem, these actions may include intimate parts but have no sexual intent. The prosecution should demonstrate that you wanted to get sexual pleasure or wanted to offend or shock others. Your lawyer can employ this defense in court to argue that the contact was not sexual, but there was a legitimate reason for the contact.

Not a Public Space / Reasonable Expectation of Privacy

Another critical aspect of most crimes of public conduct is that the act must have been committed in a public place or be visible to the general population. The definition of a public place is usually broader than people anticipate. A vehicle parked in a lot or on a street that is publicly accessible can be said to be public, even though the occupants of the car thought that they were not being seen. However, not every location qualifies as a public place under the law.

If you had sexual contact in a car on the premises of a privately owned property, especially in a location that is not visible to others, like behind a privacy fence, in a garage, or on a large tract of rural land, then the prosecution may not be able to satisfy the public aspect of the crime.

In the same way, in case the car was parked in an isolated or distant place where there was no likelihood of someone finding it, your defense lawyer can argue that the act was not committed in a public place.

Your attempts to guarantee privacy are also significant. As an example, selecting a distant place, covering windows, or having sex in the car late at night when there are no people around all support the argument that a reasonable person would not anticipate being observed. The law does not require complete isolation, only a reasonable expectation of privacy based on the specific circumstances.

Lack of Knowledge that a Person would be Present or Offended

Most laws on public sexual conduct demand that the person charged be aware, or reasonably should have been aware, that there would be an individual present who would be offended by the act. This defense is concerned with what you intended. If you thought there were no other people and no reason to consider that you could be noticed, this could weaken the prosecution’s case against you.

For example, consider a couple parked at night in an isolated location with no nearby houses, shops, or pedestrians. It could weaken the prosecution's case if they were careful to ensure that their windows were covered or they were not facing any of the public roads.

The law requires more than a mere possibility that someone might pass by; the prosecution must establish that your belief in your privacy was unreasonable under the circumstances.

Your lawyer could argue that you made active efforts to prevent being observed. For example, using heavily tinted windows, switching off interior lights, and parking in a secluded location. The prosecution's argument of intent and foreseeability can be weakened by proving a genuine and reasonable belief that the area offered privacy.

Law Enforcement Entrapment

There are instances, especially if you have been charged with prostitution or solicitation, in which the alleged conduct resulted from an undercover police operation. Entrapment occurs when law enforcement induces a person to commit a crime they were not predisposed to commit by applying undue persuasion or pressure beyond simply providing an opportunity.

If the police officer employed undue pressure, fabricated statements regarding the legality of the action, or used manipulative techniques, for example, flattery, threats, or feigned distress, your lawyer could argue that you are a victim of entrapment. As an example, when an undercover officer repeatedly asks a sexual act to be performed in exchange for money, and you at the very beginning refuse or hesitate, such repetitive pressure may be considered excessive governmental action.

The burden of proving entrapment lies with you and your defense lawyer. You must show that it is more likely than not that law enforcement induced the crime. If successful, this defense may lead to your charges being dismissed.

False Accusation or Mistaken Identity

Unfortunately, there are instances when the allegations against you could be based on personal differences, revenge, or even just errors. A neighbor could be wrong in interpreting and reporting what they see, or a person with a grudge may exaggerate or make up details to lead you into trouble. Also, the accuser may not have seen the offender clearly, leading to your being accused as the offender even if you were not in the vicinity.

You can challenge the credibility of the accuser and question their testimony. Your defense lawyer can present evidence such as alibis to vouch for you, telephone records, or surveillance tapes. Any inconsistency between the statements of witnesses or any discrepancy between witnesses can establish reasonable doubt.

Find a Criminal Defense Lawyer Near Me

Although engaging in sex in a car is not explicitly illegal in California, it may still lead to a severe criminal case under several laws that regulate public conduct, including Penal Code 647(a), 314, 647(b), and 415 in case the act is seen or considered to be offensive. Such accusations may result in severe penalties such as imprisonment, financial penalty, a criminal record, or even sex offender registration. When facing such charges, consult with an experienced criminal defense attorney. Contact the Los Angeles Criminal Attorney today at 424-333-0943 to speak with our attorneys in a confidential consultation.