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In addition to charging both with public lewdness, the officers also charged the woman, who was married to a man other than her picnic partner, with adultery. In 2010, police confronted a couple having sex on a picnic table in a city park in upstate New York. Woman Charged With Adultery in New York After Being Caught Having Sex in Public
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This could lead to an additional, embarrassing charge. But, it would provide yet another charge a couple could confront if caught having sex in public in that state.Īdultery (sex between a married person and someone other than his or her spouse) is a crime in 20 states, no doubt honored more in the breach than the observance. § 609.34.) Of course, that does not mean married folks can have sex in the streets. Minnesota makes fornication (sex between unmarried people) a misdemeanor crime and, presumably, that offense more than covers public fornication. This covers those who are able to have "discreet public sex." Other Related Laws States with laws that criminalize lewd acts often define lewd acts so that it is no defense that the parties were clothed. Lewd acts are typically defined by the standards of the state in which they are enacted. In many states, the commission of a public "lewd act," including sexual acts, is a misdemeanor crime. Even if you are careful to avoid exposure during sex in public, you may still be charged with other crimes.
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However, some couples are adept at having sex while still concealing their nether bits. Because genitalia or breasts may be exposed during public sex, those caught in the act are often charged with indecent exposure. Indecent ExposureĮxposure of one's intimate parts, which usually include genitalia and women's breasts, is considered indecent exposure and is a misdemeanor crime. Other laws are broader and cover a variety of indecent or lewd conduct. Some state laws explicitly criminalize public sexual activity. In most states, the laws that criminalize public sex make it a misdemeanor crime. This article discusses laws addressing public sex in general. Seriously, you are possibly committing one or more crimes, depending on the state in which you romp al fresco. Sorry, hard to resist the snarky response. I enjoy these "dangerous" encounters but I'm worried that we are risking arrest-are we committing a crime? What crime?Īnswer: Get a room. Question: My boyfriend is really into sex in public places, like when we're hiking in the park or even in the car beside busy roads.