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Summary
While Nevada does not have any specific statute against sex acts in a car, there are laws prohibiting sexual activities in public areas.
Table of Contents
Is Having Sex in a Car Illegal in Nevada
While Nevada has no specific law prohibiting sexual activity in a car, under NRS 201.190, it's illegal to perform any sexual acts, including sexual intercourse and oral copulation, in public places, including streets, parks, parking lots, or anywhere considered a public area.
In addition, Nevada laws NRS 201.210 and NRS 201.220 contain specific laws prohibiting public lewdness and indecent exposure.
Committing sex acts, indecent exposure, or other public indecency is typically a misdemeanor offense and could result in fines, imprisonment, and mandatory registration as a sex offender.
However, sexual conduct in a vehicle in a non-public area and out of public view, such as in a private garage, is legal and will NOT subject you to any fines or criminal charges.
Can You Get Arrested for Having Sex in a Car
Yes, if you're engaging in sexual activity in your car in public view, you could be arrested and charged with sex crimes such as public indecency, especially if a reasonable person believes that someone will see them.
However, it's important to understand that the severity of the charge and whether you are arrested will typically depend on factors such as the location, visibility, and whether the act was viewed publicly by minors or other unwilling bystanders.
Such as, if you were engaging in sexual activity in your vehicle in a public but remote location, while still considered illegal, you would most likely not be arrested.
Punishments for Having Sex in Your Car in Nevada
If you are caught engaging in sexual acts or lewd conduct in an area considered public, you may the following charges under Nevada Revised Statutes:
- NRS 201.190 (Commission of Certain Sexual Acts in Public): This NRS prohibits public sex acts, and violation of it is a category D felony and could result in 1 to 4 years in prison, fines up to $5,000, and registration as a tier 1 sex offender registration.
- NRS 201.210 (Open or Gross Lewdness): Committing sexual or lewd acts in public visibility that are viewed as offensive or alarming to others, such as public masturbation, is generally considered a gross misdemeanor for a first offense and can result in 1 year in jail and fines up to $2,000.
- NRS 201.220 (Indecent or Obscene Exposure): NRS 201.200 criminalizes the act of exposing one's private parts, such as the genitalia, buttock, or female breast. A first violation of this NRS is a gross misdemeanor, which can be punished by 1 year in jail and a $2,000 fine.
What Happens If You Get Caught Having Sex in the Car?
If you are caught engaging in sex acts in your motor vehicle, the following could occur:
- Law Enforcement Involvement: If the LVMPD is made aware of the act, a law enforcement officer may approach your vehicle and ask you to step out for questioning.
- Possible Arrest or Citation: You may be cited or arrested depending on the circumstances, such as if you were obviously in public view or if you had willful intent for people passing to witness the acts.
- Charged with a Sex Crime (If Arrested): If you are arrested, you may be charged with a category D felony or gross misdemeanor and could face jail time and fines.
If you are caught having sex in your vehicle and are charged, it's important that you contact a Nevada defense attorney and review your potential legal defenses to the criminal charges.
Are You Allowed to Make Out in the Car?
In Nevada, making out in the car is legal as long as you remain fully clothed, and it does not escalate into any act that is considered indecent to the general public, as Nevada law prohibits sexual acts in a public place.
However, to completely avoid any potential legal trouble, it's recommended that if you plan to make out in your car, you do so in a secluded or privately owned place.
Can Someone Report You for Having Sex in Your Car
If someone witnesses you in the act and feels offended or alarmed, they have the right to report you to the police or other authorities.
Although it's important to understand that a person may only feel obligated to report that you are performing sexual activities in your car if:
- Your vehicle is in a public place, such as a public city park or road.
- The act is noticeably visible to other
- Minor children are present
Can You Get a Ticket for Having Sex in Your Car
Yes, people engaging in sexual acts in their cars anywhere but private property can be ticketed and, in more serious cases, arrested.
These tickets can potentially range from $2,000 to $5,000 and may require a court appearance.
Potential Legal Defenses Against Car Sex Charges
If you are charged with a sex crime, such as indecent exposure, due to having sex in your car, there are common defenses that you can use to avoid a conviction.
Such a legal defense you may use against a sex crime include:
- No Public Exposure: You can argue that no one saw the act or it wasn't visible to the public or in a public place.
- No Intent to Offend: Most indecent exposure or lewd conduct laws require there to be an intent to offend or disturb others, so you can argue that you had no intent to do such.
- Not in a Public Place: If the sexual act took place on private property but you were charged, you can argue that the act didn't occur in a public space.
- Falsely Accused: Depending on the case details, you can argue that you were misidentified or falsely accused of the act.
While the above may not be a complete defense, utilizing them can potentially help get charges reduced; however, it's still recommended that you schedule a free consultation with a Nevada attorney to learn your legal options.
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