Physical intimacy in a car in Kentucky comes under indecent exposure charges, especially if the car was parked in a public place. The defendants can face first- or second-degree indecent exposure charges depending on the witness and nature of the crime. (Disclaimer: This article contains collaborative content, meaning we may receive compensation from the products or services mentioned.)
A first offense warrants 90 days and a $250 fine, while a second offense results in one year of jail time with a fine of $500, and a third and subsequent offenses result in a severe fine of $1000 to $10000, potentially facing one to five years of imprisonment.
The charges for having sex in a car get tricky. While no laws in the United States or Kentucky consider it a crime, if the defendants engaged in a sexual activity in their car in a public space, within public view, that’s where it becomes a crime.
What Is Considered a Public Place in Indecent Exposure Charges?
As we said, there’s no law barring you from having an intimate moment with your partner in your car. The thing that matters here the most is the location of your car. For these charges, the public place includes:
Parking Lots: Restaurant, mall, or office parking lots.
Roadsides/Highways: Engaging in sexual activity in your car after parking on the roadside, on highways, or on any street.
Public Parks and Spaces: If you parked your car in any public space, such as residential areas, apartments, public parks, or anywhere the public is present.
Visible Private Property: If your car was parked on private property that was visible to the public during the act, like parking it in your driveway, it makes it a crime. The passerby could still see you, thus making it a public indecent exposure.
Factors That Make Car Sex Not a Crime—Defense Factors
To not be a crime, the act must occur in a location where you can expect a reasonable sense of privacy for yourself and others. It’s crucial to be hidden and not visible and to act in a completely secluded and private property.
- The vehicle was parked in a completely secluded, non-public area with no one around and wasn’t visible to the public at all.
- The car was in a completely private, enclosed location on your private property, where no public or passerby could possibly see you. So, if anyone witnessed it, they were trespassing.
- Your car windows were covered completely, or windows were naturally obscured by the location, like parking it deep into the woods, which makes it impossible for someone to see you.
- If the act happened in a hidden spot, it’s difficult for the prosecutors to prove you intended to expose yourself in public or knew you were visible at all.
Penalties for Physical Intimacy in a Car Involving Public Exposure in Kentucky
Engaging in sexual activity in your car in Kentucky can lead to serious charges, which is primarily a Class B misdemeanor, with penalties and sentences becoming more severe with repeated offenses.
Degrees of Indecent Exposure
Second-Degree Indecent Exposure (KRS 510.150)
You may face a Class B misdemeanor if the act took place in a public place and exposed an adult (18 or older).
First-Degree Indecent Exposure (KRS 150.148)
If the exposure of the act in your car occurred in front of a minor (under 18), it’s considered a first-degree indecent exposure.
Offense Stages
- The first offense is considered a class B misdemeanor, which is punishable by a $250 fine and 90 days of jail time.
- A second offense is considered a class A misdemeanor can be punishable by 12 months of imprisonment and a $500 fine.
- Third and subsequent offenses are considered a class D felony, which is punishable by one to five years of jail time and a fine that can be between $1,000 and $10,000.
Note: For the offense to elevate to the severe one (from class B to class A and class D felony from there), it only applies if the repeated offenses happen within three years of each other.
If someone has a second offense 10 years later, it might still be treated as a Class B misdemeanor.
Why Does Hiring a Criminal Defense Lawyer Matter?
Being convicted of car sex-related public indecent exposure puts the defendant in the sex offender registry. This is life-altering, and you may not even get a job for 20 years.
The lawyer analyzes the complexities of your case and builds defense strategies to lower your penalties and sentences as much as possible and free you of the accusations.
As soon as you’re accused of public indecent exposure, refrain from speaking to anyone and hire a criminal defense attorney to protect your rights and defend yourself.
Key Takeaways
- Sexual activity in a car while parking it in public spaces like parks, public parking lots, residential areas, or any public space is a sex offense.
- If the act occurred in completely enclosed private property or secluded and hidden areas, the defendant may be more favored.
- Exposure to an adult makes it a second-degree indecent exposure, while exposure to a minor makes it a first-degree indecent exposure.
- The first offense is a class B misdemeanor with 90 days of prison and a $250 fine, while the second offense is a class A misdemeanor with one year of jail time and a $500 fine.
- Repeated offenses within three years of each offense result in one to five years of jail and a $1,000 to $10,000 fine.
- Hire a criminal defense lawyer to build a defense for yourself and refrain from speaking to anyone else.
