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Is sex in public a criminal offence in the UK?

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Having sex in public is a taboo subject for many and, understandably, there is often some confusion over whether the act could be considered a criminal offence.

It is important to remember that, even if you are not seen having sex by a member of the public, the increased prominence of CCTV could mean that you could still be caught in certain scenarios.

In this post, we discuss whether sex in pubic is a criminal offence in the UK, what could happen if you are caught having sex in public and the potential consequences you could expect to face.

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 three types of offences, depending on the surrounding circumstances:

  • Indecent exposure
  • 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 regards to indecent exposure, especially with regards to sex in public. If someone accidentally exposes their genitals, this is not considered to be indecent exposure – though this is not necessarily something that can be argued if you are 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 on contemporary society.

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

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 what 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 this 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 a sex in a car, if the car is in a public space and you are caught, then this would be considered a criminal offence. 

Depending on the circumstances let's say the vehicle had the engine on or was being driven, being caught performing a sex act in a car could also lead to you being levelled with charges of careless or dangerous driving, which carry their own set out 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 cases), while the maximum sentence you could receive could extend to a two-year prison sentence.

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 you could receive is six months imprisonment and/or an unlimited fine. However, 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 receive a charge for indecent exposure you could, in theory, be placed on the Sex Offenders Register. This is because indecent exposure falls under the Sexual Offences Act 2003. Whether you are placed on the Sex Offenders Register will depend entirely on the circumstances of your charge.

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.

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 in the long run.

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. The advice of our team is therefore essential.

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

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

At JD Spicer Zeb, our sexual offence solicitor have substantial experience in this area and will be on hand to lend their support and expertise on your case, 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 do not hesitate to get in touch.

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

Or email: solicitors@jdspicer.co.uk

Alternatively, you can fill out our quick online enquiry form, and we will get back to you as soon as possible.

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, so please contact our Emergency Number 07836 577 556.