January 15, 2021 | Sex Crimes
There are times in which your vehicle may feel like the only private space away from family, friends, or roommates. However, regardless of make or model, a car can’t guarantee privacy from the outside world.
Indecent exposure refers to reckless or even purposeful displays of public nudity or sexual activity. While your intention may not be to expose yourself or be caught engaging in sexual activity in your car, you could still face criminal sex charges if someone were to stumble upon your vehicle.
What is Indecent Exposure?
In Kentucky, indecent exposure can involve:
- Exposing genitalia
- Having intercourse in a public area
- Conducting yourself in a way that is otherwise suggestive of sexual activity
Whether intentional or not, exposing your private areas to the public can cause shock and offend nearby witnesses. While states and localities may differ slightly on the determining factors in an indecent exposure case, public sexual activity is illegal throughout the United States.
Some states may qualify public urination as intentional exposure, while other states will argue that it was not done with the purpose of sexual gratification or offense. Most states make exceptions for women who are breastfeeding their babies, but some may have strict guidelines on proper adherence to public decency.
Cases of indecent exposure are aggravated when public displays of sexual activity or nudity occur in the presence of a minor. If you are willing to risk being caught having car sex, it would be wise to ensure you are at least not parked near a playground, school, or even amusement park.
What is the Punishment for Indecent Exposure?
Depending on the severity of exposure and whether it is your first offense, the punishment for indecent exposure can range from a misdemeanor resulting in fines and minimal jail time to a felony resulting in a prison sentence.
In some cases, the courts may require a defendant to register as a sex offender. This is often a lifelong punishment that follows the defendant and prevents them from living within a certain distance of playgrounds, schools, and parks.
What Proof is Required in an Indecent Exposure Case?
There may be cases in which indecent exposure was not purposeful nor intended to offend others.
If you are charged with indecent exposure, there are several considerations before going to court:
Was the exposure intentional and willful?
Most courts of law in the United States will require some evidence that the defendant intentionally and willfully exposed themselves in public. If the exposure was due to a wardrobe malfunction or forgotten zipper, it is possible to deny intent.
How does the court define private body parts?
Generally, private body parts consist of any male or female sex organs. Some states include buttocks and, although breastfeeding is often an exception, female breast exposure could be considered indecent.
Was it consensual?
Although public displays of sexual activity are illegal across the United States, if there is a clear establishment of consent between parties, a defendant may not be charged with indecent exposure. However, if a third party were to witness the consensual acts unintentionally, both parties may still face charges.
Were you in a clearly defined public place?
Public places typically refer to locations in which pedestrians or other drivers may be passing through. This includes restaurant parking lots, mall parking garages, and office parking spaces. If your car is parked on private property and a witness becomes involved as a result of trespassing, you may not be charged with indecent exposure.
Was there sexual motivation?
Some states may require that the prosecutor prove sexual motivation. On the occasion that the indecency charge resulted from public urination or unintentionally ripped clothing, the defendant may not face legal repercussions.
When confronting a charge for indecent exposure, it can be essential to evaluate the circumstances under which the event took place and the involved witnesses. A professional attorney can assess the variables to respond to the charges appropriately.
Is it Illegal to Have Car Sex? It Depends.
The straightforward answer is that there is no law on the books in the state of Kentucky that expressly prohibits you from having sex in a car. However, should a third party unintentionally become aware of the activities taking place, or should they witness private body parts’ exposure, car sex becomes a legal issue. Should you choose to have sex in your vehicle, you must take necessary precautions to safeguard yourself from third parties and prevent the general public from becoming accidentally involved in your intimacy.
Contact the Lexington Criminal Defense Attorneys at Suhre & Associates, LLC For Help Today
Suhre & Associates, LLC – Lexington
333 West Vine Street #212
Lexington, KY 40507