Sex in public can lead to charges for public lewdness, indecent exposure, or even disorderly conduct.
In most states, the laws that criminalize public sex make it a misdemeanor crime. Some state laws explicitly criminalize public sexual activity. Other laws are broader and cover a variety of indecent or lewd conduct.
Is It Illegal to Have Sex in Public?
Yes. Sex in a public place can lead to embarrassing criminal charges for indecent exposure, public lewdness, or even disorderly conduct.
Indecent Exposure or Public Indecency
Intentional exposure of one's intimate parts, which usually include genitalia and women's breasts, is considered indecent exposure or public indecency. Because genitalia or breasts may be exposed during public sex, those caught in the act can face indecency charges.
Public Lewdness
In many states, a couple who has sex in public could run afoul laws prohibiting public lewdness. Lewd acts are typically defined by the obscenity standards of the state in which they are enacted. A statute might specifically prohibit public sexual intercourse, sexual acts, or other acts of a lewd, lascivious, or sexual nature that would offend or alarm members of the public.
Disorderly Conduct
A few states penalize acts of lewd or indecent behavior under their disorderly conduct laws. The California Penal Code, for instance, makes it a disorderly conduct offense to engage in lewd conduct in a public place or place exposed to public view. (Cal. Penal Code § 647.)
What Is a Considered a Public Place?
Based on case law, it's a good bet that the following places are public:
- public restrooms and facilities
- beach, park, and other recreational areas
- stores, restaurants, and other businesses open to the public
- schools and school grounds
- public streets and highways, and
- public transportation vehicles and common areas.
Some courts have held that a private backyard or residence can be a public place if the act is viewable by the public.
Last year, Restaurant Opportunities Centers United released a report stating that 80% of tipped female workers in the restaurant industry have been sexually harassed by their coworkers or customers. Moreover, 70% of male workers reported sexual harassment from coworkers, while 55% of male workers reported customer harassment. In fact, 37% of Equal Employment Opportunity Commission (EEOC) claims are brought by restaurant workers.