Some people find excitement in having sex in public. However, doing so carries the danger of being found. But what if the person who finds you is a police officer rather than a bystander? If you engage in sexual behavior in public, might you be charged with a sex crime?
The facts of the case will determine the response in California. A criminal defense attorney can explain how California law forbids partaking in or encouraging obscene behavior. Keep reading to learn more about what this means and what happens if you are arrested for sex in public. Then contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.
Sex in Public
A person may be accused of breaking this legislation if they engage in lewd or dissolute behavior in a public setting or solicit someone else to perform it. Lewd behavior is defined by the law as touching another person’s or your own private parts for sexual enjoyment or to irritate or insult them. The genitalia, buttocks, or female breasts are examples of private parts.
Simply Engaging in Sexual Practices in Public is Technically Not a Crime
Having sex in public does not constitute a crime. According to California law, something can only be considered a crime if you know—or reasonably should know—that there will probably be people present or looking on who will be offended by what you do.
For instance, it could be reasonable to expect that someone would be there who would be offended by your conduct if you engage in sexual activity at a playground during the day when children are likely to be present. However, your criminal defense lawyer might contend that you had no intention of annoying or offending anyone else if you had engaged in sexual behavior in a remote location of the woods late at night where you had never seen another person.
A similar defense to the accusations of obscene or dissolute behavior may exist if you were not in a public setting or an area that was visible to the general public.
Potential Consequences for a Conviction
Misdemeanor lewd or dissolute behavior is punishable by up to six months in county jail and/or a $1,000 fine. Although this crime does not call for lifetime registration as a sex offender, it is sometimes charged with the offense of “indecent exposure,” which does. Indecent exposure is the deliberate display of your genitalia in front of people who could find it offensive.
Although being accused of a crime or being accused of having sex in public can be very unpleasant, there are a variety of possible defenses. A knowledgeable criminal defense lawyer may collaborate with you to develop both factual and legal defenses depending on the particulars of your case and California law.
Contact Simmons Wagner, LLP at (949) 439-5857 for a legal consultation with an attorney if you are facing this or another criminal charge in California.