Is sex in public a criminal offence in the UK?

Quick answer

Sex in public can be a criminal offence in the UK. Depending on the circumstances, it can fall under indecent exposure under the Sexual Offences Act 2003 (where a person intentionally exposes their genitals intending to cause alarm or distress) or outraging public decency (where the act is judged lewd, obscene or disgusting by the standards of a contemporary jury).

Sex in a car in a public space, or in a garden visible to neighbours, can give rise to the same offences. Sentences range from a fine or community order through to two years’ imprisonment for indecent exposure, and up to an unlimited prison sentence in the Crown Court for outraging public decency. An indecent exposure conviction can lead to placement on the Sex Offenders Register depending on the circumstances of your case.

Is it illegal to have sex in public?

In short, sex in public could be a criminal offence in the UK. The act could fall under one of two types of offences, depending on the surrounding circumstances:

• Indecent exposure
• Outraging Public indecency

Indecent exposure

According to the Sexual Offences Act 2003, indecent exposure is defined as an offence where:

• A person intentionally exposes their genitals, and
• They intend for someone to see them and be caused alarm or distress

Intent is an important consideration with regard to indecent exposure, especially in the context of sex in public. If someone accidentally exposes their genitals, this is not considered to be indecent exposure, though this is not necessarily an argument available to someone caught having sex in public.

Public indecency

You may be considered to be outraging public decency if you are found guilty of having sex in public. Public indecency involves actions which are considered to be lewd, obscene or disgusting in public and will be of such a nature as to outrage standards of public decency, as judged by a jury applying contemporary standards.

Public indecency is considered to be a more serious offence than indecent exposure, which means it also tends to carry more serious penalties.

The incident must occur in a public setting and be capable of being observed by two or more people. Case law establishes that if two or more people could have seen it, the rule is satisfied, even if nobody present actually noticed the act at the time.

What happens if you get caught having sex in public?

If you are caught having sex in public, the police could take a number of different actions depending on the circumstances and the offence you are being accused of.

In some instances, the police may issue you with a caution. This could be where you have admitted the offence in the first instance and you have no prior convictions and/or there are no aggravating factors.

In other cases, you may be arrested and taken to a police station for further questioning. After this, you could be released or charged with a crime. It is unlikely in the current climate that the police would take no action or let you off with a verbal warning.

Is it illegal to have sex in a car?

While there are no specific laws against having sex in a car, if the car is in a public space and you are caught, this would be considered a criminal offence. The question of legality lies in whether two people can see this.

Depending on the circumstances, if the vehicle had its engine on or was being driven, being caught performing a sex act in a car could also result in charges of careless or dangerous driving, which carry their own heavy penalties.

What are the sentences for having sex in public?

Indecent exposure

If you are charged with indecent exposure as a result of being caught having sex in public, you could face a range of potential penalties depending on the circumstances, the harm caused and your perceived culpability.

The minimum sentence you could receive may be a fine and/or community order (or even a caution in some minor cases), while the maximum sentence could extend to a two-year prison sentence.

Outraging Public indecency

Outraging public decency can carry very heavy penalties depending on where a trial is heard. If it is heard in the Magistrates' Court, the maximum penalty is six months' imprisonment and/or an unlimited fine. If a case is heard in the Crown Court, the maximum penalty is an unlimited prison sentence and/or an unlimited fine.

If you get caught having sex in public, are you considered a sex offender?

If you are convicted of indecent exposure you may be placed on the Sex Offenders Register depending on the circumstances of the case.

Registration requirements apply to offences contained in Schedule 3 to the Sexual Offences Act 2003. These are triggered when a person is:

• convicted;
• found not guilty by reason of insanity;
• unfit to plead or stand trial and found to have done the relevant act after a trial of fact; or
• issued with a caution.

However, certain offences only fall within Schedule 3 in certain circumstances. Exposure is one such offence.

Thus, youth offenders convicted of exposure will only be subject to notification requirements where they receive a sentence of at least 12 months’ imprisonment. A caution for exposure will therefore not trigger notification requirements.

Adult offenders will only be subject to notification requirements for exposure where:

• the victim was under 18; or
• the offender has been convicted and sentenced to:
  • imprisonment;
  • a hospital order; or
  • a community order of at least 12 months.

As such an adult offender who receives a caution for exposure can be subject to notification requirements, but only where the victim was under 18.

Outraging public decency is not contained in Schedule 3, and therefore will not trigger notification requirements.

Can you be charged for sex in public when in your own home?

The answer to this question is entirely context-specific and can be difficult to answer. However, even where a sex act takes place on your private property, you could be liable to face charges under certain conditions.

For example, if you carry out a sex act in your garden with the knowledge that your neighbours will be able to see you, this could amount to indecent exposure or public indecency. Similarly, if you are well aware that someone can see into your home, intentionally performing certain actions could leave you vulnerable to a charge.

Is dogging illegal in the UK?

Dogging – the practice of meeting strangers in public, often arranged online and typically taking place in car parks, lay-bys or secluded outdoor locations, to engage in or watch sexual activity – is not an offence in itself in UK law. However, the conduct involved can readily give rise to the same offences discussed above:

• Indecent exposure under the Sexual Offences Act 2003, where a person intentionally exposes their genitals intending to cause another person alarm or distress.
• Outraging public decency, where the act is judged to be lewd, obscene or disgusting by the standards of a contemporary jury.

Because dogging usually involves people in places where they may be observed by uninvolved members of the public – or by CCTV – the conduct tends to be higher-risk from a criminal-law perspective than sex in more private locations. A conviction for indecent exposure can also lead to placement on the Sex Offenders Register.

Should you speak to a solicitor if you are charged with having sex in public?

Whether you have been cautioned, are under investigation, or are being charged with an offence caused by having sex in public, it is vital that you speak to an expert criminal defence solicitor as soon as possible. Having early advice and representation on your side can make all the difference.

The sentencing guidelines can be very harsh for charges of both indecent exposure and public indecency, especially if you are a repeat offender. In some situations, you could also be added to the Sex Offenders Register, which can have a major impact on your life and that of your loved ones.

If you have been arrested for having sex in public, you will need to carefully understand your legal rights and what actions may serve to undermine your legal defence. With the support of our sexual offences solicitors, the chances of avoiding penalties or receiving reduced charges can be significantly increased.

Many people mistakenly assume that speaking to a solicitor will act against them, as it will signal that they are guilty. This is not accurate. You are entitled to speak to a legal representative at any time, and doing so will not have an impact on your defence.

At JD Spicer Zeb, our sexual offences solicitors have substantial experience in this area and will be on hand to lend their support and expertise, taking every possible step to ensure your rights are firmly protected.

Contact our sexual offence solicitors today

For a free initial consultation, urgent specialist advice, immediate representation, or to speak to us confidentially about allegations of having sex in public, please get in touch.

You can contact our dedicated sexual offence solicitors in London, Birmingham, and Manchester by telephone on:

• Brent and Camden London Office: 0207 624 7771
• Manchester Office: 0161 835 1638
• Birmingham Office: 0121 614 3333
• City of London: 0207 624 7771 (our senior solicitors and partners can meet by appointment in the City)

Or email: solicitors@jdspicer.co.uk

24/7 legal representation for sex in public allegations

Please get in touch for a free initial consultation with one of our expert criminal defence solicitors, as well as immediate representation and advice on dealing with allegations relating to having sex in public.

We are available to represent clients all over England and Wales at any time. Please contact our emergency number: 07836 577 556.