Both individuals are consenting adults and windows are tinted, no minors around at all. What would the consequences be if caught by law enforcement.What is CA law regarding having sex in a car parked on a residential street at night?
In California, there are two main charges that prohibit this type of conduct: Penal Code 647(a), Lewd Conduct and PC 314, Indecent Exposure. Whether there were minors present or whether there was consent isn't necessary to prove either charge.
All it takes is someone to be offended by that conduct. So if someone walking their dog by sees you inside the car and one person is engaged in the touching of his own or another person's genitals, buttocks, or female breast, they have a right to have you arrested for PC 647(a). If they happen to see genitalia (not female breasts) then it is PC 314 also. The problem with 314 is that it carries a requirement to register as a sex offender.
The defense to both crimes is that you didn't know or shouldn't have reasonably known that someone would have seen you and been offended by your conduct. If you were parked in a dark, secluded alley far away from any pedestrian traffic, that is a much better defense than being parked along a residential street. However the simple act of a citizen occasioning upon you in flagrante delicto may be enough to satisfy the requirement that you should have known your conduct was likely to offend.
Both crimes are misdemeanors. Often a 647(a) charge results in a sentence of taking classes and fines with probation, no jail time. PC 314 is a little more serious and a second conviction automatically becomes a felony.What is CA law regarding having sex in a car parked on a residential street at night?
Yes it is illegal, It's called Public Indecency. Public indecency is a Class 1 Misdemeanor. If it's been commited 3 times, on the third time it's considered a Class 6 Felony. The First Offense would be a Min. of probation to Max. of 2 years. The Second Offense would be
Min. 0 days to Max. 3 years in jail. The Third Offense would be
Max. of 6 years. It also depends on the age of the accuser under 15 it's a felony the first time, over than it's just a misdemeanor.What is CA law regarding having sex in a car parked on a residential street at night?
Its considered disorderly conduct in my state.
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