Getting caught having sex in public can have serious consequences, such as fines, community service, and even jail time. But what exactly happens if you get caught?
It depends on several factors. One thing to consider is whether or not it was obvious that you were engaging in lewd conduct. For example, if you were having sex in your car and there was little chance that anyone would see it, then this might not be considered an offense.
1. You could be charged with indecent exposure
Indecent exposure is a crime that occurs when someone exposes their genitals to the public. The crime is also known as public indecency and can carry significant penalties if convicted. In order to be convicted of indecent exposure, the prosecutor must prove that the offender was aware that their actions would outrage public decency. They will use circumstantial evidence to do this, including the defendant’s words, behavior, and expressions during the exposure. The prosecution will also consider how long the exposure was and where it happened.
In addition, a person can be charged with indecent exposure if they knowingly perform a sexual act in a public place. A public place is defined as any location that is open to the view of the general public. This could include a person’s home, if they are performing a sexual act in plain view of their neighbors.
While any type of criminal charge can be embarrassing, it is important to remember that you can defend yourself. An experienced solicitor can help you to build a strong case and have your charges dropped or reduced. They can also work to get your record expunged if you have been convicted of this crime in the past. An expungement can help you to move on from a past mistake and improve your chances of getting a job or renting an apartment.
2. You could be charged with public indecency
A conviction for indecent exposure carries with it heavy penalties, and depending on where the incident takes place, can be punishable as a felony. The type of punishment you face will depend on the circumstances, and how many people witness your actions. It’s also important to note that if you are caught having sex in public, it could lead to charges of trespassing or other similar violations, which will carry their own set of punishments.
If you’re arrested for a crime like this, you may have to register on the Sex Offenders Register, which can have a severe impact on your reputation. It can also have a negative effect on your finances and ability to find employment. For these reasons, it’s important to get legal representation as soon as possible.
A criminal lawyer will be able to help you to fight the allegations and have the case dismissed. They’ll be able to argue that the state has not met its burden of proof, which is that you exposed yourself with intent to cause arousal or satisfy sexual desire. Your attorney will be able to challenge the state’s definition of what constitutes being in public, and how it is applied. For example, your attorney will be able to argue that sex in the back seat of a parked car that is on the side of a highway was not a public place.
3. You could be charged with disorderly conduct
A person can be charged with public lewdness if they expose their private parts in a public place for the purpose of sexual gratification or to annoy or offend others. This includes the genitals, buttocks, and female breasts. You can also be charged with this if you carry out sex acts in your car with the knowledge that it could be observed by passers-by, even if the windows are closed.
A lawyer can help you fight charges of this nature, but it’s important to note that the prosecution needs to prove the case beyond a reasonable doubt, which can be difficult when it comes to indecent exposure or public lewdness. It’s also important to consider that if you are convicted of this offence, you may have to register as a sex offender.
A criminal lawyer can help you mount a strong defence to these charges, which is why it’s essential that you speak to one sooner rather than later. Many people worry that speaking to a solicitor will act against them, but this is not the case and it can help you to have the charges against you dismissed. Our specialist sexual offences lawyers can help you to put together a robust defence to these charges and increase your chances of having the charges dropped or having them reduced.
4. You could be fined
It can be a thrill to park up in a dark spot, have some privacy and try out something naughty with your partner. However, if you get caught you could be charged with lewd and dissolute conduct and fined a significant amount of money. This is because the law defines public sex as a public act that can be seen by others.
A criminal lawyer can help you to build a strong defence to this charge based on the circumstances surrounding the incident. For example, you may be able to argue that you were not having sex in public, and that it was not done where it could be observed by others. You might also claim that your rights were violated and that you were a victim of entrapment.
Another possible defence is that you believed that you were in private and that the car was a secure place for you to engage in sexual activity. For example, it may be impossible for anyone to see what is happening if the vehicle is in a garage behind your home, with the back door closed and lots of foliage around the outside.
Having sex in public is considered to be an act of outraging public decency under the Sexual Offences Act 2003. If you are convicted of this offence, you will likely have to register as a sex offender.
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