Getting frisky in your vehicle may seem like a spontaneous and harmless act with another consenting adult, but there’s a chance that you could face criminal charges for your actions. But what could you be charged with, and what are the possible penalties for getting caught making love in your vehicle? In today’s blog, we take a closer look at car sex charges and potential penalties in Minnesota.
Criminal Charges For Car Sex
It may seem like a harmless act to pull over in a quiet place and have sex with your partner, but doing so in public can lead to criminal charges if someone sees the act and informs law enforcement. The situation may be handled in a few different ways depending on the specifics of the incident, but you may find that you are charged with one of the following crimes:
Disorderly Conduct – Disorderly conduct is a kind of catch-all charge for any actions that are disorderly and that disturb the peace of the public. Car sex could certainly meet this threshold.
Indecent Exposure – Incident exposure occurs when someone willfully or lewdly exposes their private parts when others are present. You may think you’re in a private space in a vehicle, but if you’re parked on a public road and in view of others, you’ve met the criteria for indecent exposure.
Public Nuisance – Having sex in a vehicle could be considered a public nuisance if it annoys or endangers the health, morals or comfort of the public.
What Are The Penalties For Car Sex?
The potential penalties you’ll face will depend on the specific circumstances of your situation. In most instances, any of the above charges will be considered a misdemeanor offense, punishable by up to 90 days in jail and a fine up to $1,000. It’s unlikely for a first offense to come with any jail time, but just know that it’s not out of the question and you should take the issue seriously.
There’s also the possibility that your charge will be upgraded. It’s possible that the act could lead to gross misdemeanor or felony-level charges, so a moment of passion could lead to lifelong consequences. In order for the charge to be upgraded to a gross misdemeanor or a felony, certain aggravating factors must be present. Some aggravating factors for a car sex charge could include:
- Repeat offenses
- Presence of minors/Location of the act
- Lack of consent
- Coerced/Against Will (Someone was unable to leave the situation and forced to partake)
If any of these factors are present when you are caught, you could face much more severe penalties, so think before you act.
At the end of the day, we promise that the moment won’t be spoiled if you just wait a bit to get to a home, a hotel room or another private residence. Anything done in the potential eye of the public can lead to serious charges, so avoiding a car sex-related charge is much preferred to defending yourself against the charges.
For help fighting a disorderly conduct or indecent exposure charge, or a completely different criminal matter, reach out to Avery and the team at Appelman Law Firm today at (952) 224-2277.
