In many states it is a punishable offense to have sex in public. It’s typically treated as a misdemeanor, but not all states have the same rules and guidelines for penalizing this behavior. In the state of Virginia, it’s illegal to have sex in public, and the charges can quickly become compounded depending on how the crime occurred.

Never gamble with your future, and keep your personal, sexual life private. You can face many charges on top of the public sex charge, and depending on the nature and severity of the crime, you could be facing high fines or even jail time. If you have been caught or accused of having sex in public, contact The Law Office of Scott C. Nolan, PLLC today for a free case evaluation. You have the right to work with a lawyer to defend you, and our team has the resources to help.

What Can I Be Charged With If I Have Sex In Public?

There are many other charges that can come into play when two individuals are found to be having sex in public. Indecent exposure is one charge that you may face. Indecent exposure encompasses the display or exposure of an individual’s private parts. Since during sex these parts are exposed to the public, this charge is often added to the list of crimes you may be charged with if you have sex in public. However, it’s important to remember that even if you are found to be having sex in public and your private parts are concealed or somehow not exposed, you can still be arrested for having sex.

Additionally, some states have laws that govern lewd acts, which include sexual acts. These are typically classified as misdemeanor crimes as well. States that do have lewd act laws use them to govern behavior that are typically sexual in nature, even if both parties were clothed, therefore there’s no way to “correctly” or “legally” have sex in public.

Some states also have public fornication laws, and even adultery laws. If you were found to be having sex in public with someone that is not your legal spouse, you can face adultery charges on top of public sex. Additionally, depending on where you had sex in public, this could mean extra charges you might face if you take the risk of having sex in public. Having sex near a school or day care will make the situation worse, as there was a risk of children seeing the event.

Should I Get A Lawyer If I Was Charged With Having Sex In Public?

Yes. In Virginia, it’s illegal to have sex in public. An adept criminal defense lawyer will take the time to listen to the specifics of your situation and will work to leverage any strategies for defense that may exist in your case.

For example, in some states, it can be argued that you weren’t in public at all. If the act occurred in a car that was parked away from main roads, in a dark place, it may be reasonable to assert that the act was not public at all. If no sex occurred, your lawyer may be able to use this defense as well. Sometimes, two people get caught before the act occurs, but law enforcement assumed at the time that the sex had already happened.

What Are The Penalties For Public Sex In Virginia?

The aforementioned charges–public sex, indecent exposure, lewd acts– are usually considered misdemeanors in each state. Misdemeanor crimes are often accompanied by a mandatory incarceration sentence of no more than one year, and most people charged with these crimes will be required to pay a monetary fine as well. In some cases, it may be required that the charged individual complete probation, do community service, or take some kind of rehabilitative courses.

The penalties for this crime will vary depending on how the crime occurred. It’s best to talk to a lawyer right away to discuss what happened. The Law Office of Scott C. Nolan, PLLC, a Fairfax criminal defense lawyer, takes the time to listen to your side of the story, and will stop at nothing to create a strong case for your defense that aims to minimize your penalties as best as possible.

Schedule A Free Consultation With A Fairfax Criminal Defense Attorney Today

If you have been accused of public sex in Virginia, call an attorney right away. Don’t gamble with your future, even if the crime is just a misdemeanor, mitigating circumstances could pack on the charges and leave you facing jail time or a high fines.

Schedule your free, no-obligation consultation with The Law Office of Scott C. Nolan, PLLC today. The sooner you call, the sooner we can create a strong case for your defense.