Is It Illegal to Have Sex in Public in California?

The answer depends on several factors.

Is It Illegal to Have Sex in Public in California?

For some people, having sex in public place is thrilling. Yet doing so is not without risk of being caught in the act. But what if the person who discovers you is not a bystander, but a police officer? Could you be charged with a crime for engaging in sexual activity in a public place?

In California, the answer to that question depends on the facts of the case. As a Rancho Cucamonga criminal defense attorney can explain, California law prohibits engaging in or soliciting lewd conduct. A person can be charged with a violation of this law if they:

  • Engage in lewd or dissolute conduct in any public place or;
  • Solicit someone else to do so.

Under the law, lewd conduct is defined as touching your private parts or another person’s private parts for the purpose of sexual gratification or to annoy or offend someone else. Private parts include the genitals, buttocks or female breasts.

According to a Rancho Cucamonga criminal defense attorney, simply engaging in sexual activity in a public place is not a crime. It can only be charged as a crime under California law if you know, or reasonably should know that there is likely to be someone present or watching who would be offended by your actions.

For example, if you engage in sexual activity at a playground during the daytime hours when children are likely to be present, then it may be reasonable to assume that someone would be present that would be offended by you conduct. However, if you engaged in sexual activity in a secluded area of the woods late at night where you have never seen another person, then your Rancho Cucamonga criminal defense attorney could argue that you did not intend to annoy or offend anyone else. Similarly, if you were not in a public place or a place open to public view, then this may be a defense to the charges of lewd or dissolute conduct.

Lewd or dissolute conduct is a misdemeanor offense, punishable by up to six months in county jail and/or a fine of $1,000. Although this crime does not require registration as a sex offender, it is often charged together with the offense of “indecent exposure,” which does require lifetime registration as a sex offender. Indecent exposure involves willfully exposing your genitals in the presence of third parties who would be offended.

While a criminal charge or charges related to having sex in public can be particularly embarrassing, there are a number of potential defenses to these types of prosecutions. A skilled Rancho Cucamonga criminal defense attorney can work with you to put together both factual and legal defenses based on the specific facts of your case and California law.

If you have been charged with a crime, the legal professionals of the Chambers Law Firm can help. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with an experienced Rancho Cucamonga criminal defense attorney.

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