Can You Legally Have Sex in Your Car in Texas?

Some of us have done it. All of us have thought about it. Most have wondered if its legal to do. I'm talking about having sex in your car. If your date night is going really well and you and your significant other feel a little frisky, you may pull over to the side of the road or in an empty parking lot and give it a try. While it can be exciting, it can get both of you into some legal trouble in Texas. There's several layers to this story so let's go over it all.

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Sex In Your Car

We see it on TV. We see it in movies. A couple is having a great time and want to get a little adventurous with their intimacy. They pull over and hop in the back seat and have a passionate moment on screen. It all looks great and easy on screen, but, in real life, its not. If you do this in the wrong place, you could face some legal troubles.

Let's Look at the Texas Law

Section 21.07 of the Texas Penal Code states:

Sec. 21.07. PUBLIC LEWDNESS.

(a) A person commits an offense if the person knowingly engages in any of the following acts in a public place or, if not in a public place, the person is reckless about whether another is present who will be offended or alarmed by the person's:

(1) act of sexual intercourse;

(2) act of deviate sexual intercourse; or

(3) act of sexual contact.

(b) An offense under this section is a Class A misdemeanor.

Basically, if you pull over on the side of the road or into a parking lot and there is even the slightest possibility that someone could walk by and see you and your partner and report it, you can charged with public lewdness. If a minor sees this, there is a whole other level of legal troubles you can face. If the mood strikes, it would be best to go home where no one can see you or find an extremely secluded area to do it.

You Can Be Charged Public Lewdness in Other Places, Too

For instance, if you have a moment in your office or the back stock room and someone sees your passionate act, you can be charged. If you are in an apartment or hotel and the windows are open and someone sees your passionate act, you can be charged. If you're in your driveway in your car and someone sees your passionate act, you can be charged.

Definition of a Public Place in the Law

The law states that a public place is:

...any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways, and the common areas of schools, hospitals, apartment houses, office buildings, transport facilities, and shops

What is the punishment?

You can be charged with a Class A Misdemeanor with punishment being up to one year in jail and up to a $4,000 fine. If a minor is involved, that has its own set of charges and punishments.

What if the mood strikes?

So basically, if the mood strikes and you want a non-conventional place to share a passionate moment, make sure that its in an area that is extremely secluded so there is no chance of someone else seeing both of you. If you want to dig a little deeper into this, check out saputo.law or statutes.capitol.texas.gov.