July 19, 2023 | Ohio Law
People have sex in all types of places and under numerous conditions. While we think about teenagers having sex in a car, the activity is not limited to teens. Many adults engage in sexual conduct in cars.
However, could you be arrested for having sex in a car in Cincinnati, Ohio? If so, what conditions must apply for an officer to make a lawful arrest?
Is It a Crime To Have Sex in a Car in Cincinnati, OH?
You could face criminal charges if you are caught having sex in your car in Cincinnati. It depends on the circumstances.
It is illegal to have sex in public or where others can see you. Therefore, having sex in your car could lead to public indecency charges.
Public Indecency Laws in Cincinnati, OH
Ohio Revised Code §2907.09 defines public indecency as recklessly doing any of the following acts in a place where the acts are likely to be viewed by and offend someone who is not a member of the person’s household:
- Exposing private parts
- Engage in masturbation or sexual conduct
- Engage in conduct that would appear to someone else as masturbation or sexual conduct
Therefore, you could be charged with public indecency if you have sex in your car or engage in acts that appear to be sexual in nature when other people are around to see you.
You do not have to intentionally expose yourself by having sex in a car to be charged with a crime. Public indecency applies if someone is careless and does not consider that someone could see them if they are naked or having sex in their car.
Recklessly engaging in public indecency generally results in a fourth-degree misdemeanor. The maximum fine is $250, and you could serve up to 30 days in jail. However, if a minor is present, the charge increases to aggravated public indecency.
Charges for Having Sex in Your Car When Minors Are Present
You can be charged with aggravated indecent exposure if you knowingly have sex, masturbate, or engage in conduct that appears to be sex in the presence of a minor. Therefore, if you park your car where kids could be present, you could face a third-degree misdemeanor charge. For example, if you park your car in a park or near a school to have sex, you should know that children could see you.
A third-degree misdemeanor indecent exposure charge is punished by a maximum of $250 in fines and up to 60 days in jail. However, this charge is a wobbler. Under some circumstances, you could be charged with a felony and be forced to register as a sex offender.
Are There Defenses To Being Arrested for Having Sex in Your Car in Cincinnati, OH?
As with other criminal charges, the state has the burden of proving you are guilty of the charges beyond a reasonable doubt. However, you have the right to present defenses to the charges. Potential defenses to charges of indecent exposure or public indecency for having sex in a car include:
- You were falsely accused
- You were not in view of another person
- The people who saw you were members of your household
- You were touching yourself, having sex, or doing anything that could be construed as sexual conduct
- You are not the person who committed the crime (i.e., mistaken identity)
- Police officers violated your civil rights, such as an illegal search or arrest without probable cause
A Cincinnati sex crimes lawyer can help you develop a solid defense strategy for criminal charges. Your attorney analyzes the state’s evidence to determine the strengths and weaknesses in the prosecution’s case.
A strong defense can force the state to admit they do not have enough evidence for a conviction. It can also be used as leverage to negotiate a fair plea bargain.
What Should I Do if I Am Arrested for Having Sex in My Car in Cincinnati?
If the officer tells you that you are being arrested, do not resist arrest. Resisting arrest inflames the situation and could result in additional criminal charges.
Do not make a statement or answer questions without a lawyer present. The more you talk to the police, the more evidence you give them to use against you. Instead, contact a Cincinnati criminal defense lawyer as soon as possible. Even though you might face a misdemeanor charge, you do not want public indecency on your criminal history. The conviction could impact your future, including if you have to fight for child custody or want a job working with children at a daycare or other facility.
Contact a Cincinnati Criminal Defense Lawyer If You’re Facing Criminal Charges
Criminal harassment charges in the state of Ohio are a serious matter. If you have been charged with criminal charges, you face fines and jail time. Additionally, these types of charges can have lasting consequences on your life, including difficulty obtaining employment or housing opportunities due to having a record.
Contact a Cincinnati criminal defense attorney for help with your harassment case.
For more information, contact the criminal defense attorneys at Suhre & Associates DUI and Criminal Defense Lawyers give us a call today at (513) 333-0014 or visit us at our Cincinnati law office.
Suhre & Associates DUI and Criminal Defense Lawyers – Cincinnati
600 Vine Street, Suite 1004
Cincinnati, OH 45202
United States
