Is it illegal to have sex in a car?

Is it illegal to have sex in a car in Australia?

A better way to phrase this question would be: Is it illegal to have sex in public? That’s because whether you’re in a car or not, as far as the law is concerned, is kind of secondary. The real concern is whether you’ve exposed yourself (or somebody else) in a public place.

So, if you have sex in a car at a local lookout or in the car-park at a local footy ground, then yes, this is probably illegal due to the fact that anybody walking past might see something they oughtn’t and be offended as a result. At which point, you’re potentially in legal trouble.

If, however, you were having sex in your car while it was in your closed garage or on a remote piece of private property where anybody without consent would be considered trespassing, then the law would probably say that you were well within your rights to be enjoying yourself in this most traditional of manners.

But the private property thing is not that simple, either. Should you be having sex in a front room with the curtains open, it’s conceivable anybody walking past might be offended.

Which means that even a car parked on a private driveway, but visible to the public, might not be a legal place to indulge.

The law in Australia (and there are state-specific laws with some differences, but all have the same thrust) essentially says that even if you’re committing an act of indecency (of which public sex or exposing yourself is an example) on private property, if that act can be viewed from a public place, it’s an offence.

(Image: Cottonbro Studio via Pexels)

And if it’s taking place in a car that’s visible from a public place, you have the same problem.

That’s because when it comes to actual car sex laws Australia doesn’t bother with the car bit. If you’re doing it in the road, then you can be charged and fined. In fact, in most cases, the charge is related to exposing one’s private bits rather than the actual act of intercourse.

So, can somebody report you for having sex in your car? They sure can, and if the police are willing to pursue it, you might find yourself charged.

That said, for the police to make the charge stick, they would generally (and this will vary between states, too) need to prove that the person (you) willingly exposed yourself (as opposed to accidentally) and that the offence occurred in a public place or a place visible to the general public.

In some parts of the world where extended families are the norm or where accommodation is expensive and living at home into your 20s is not uncommon, car sex is a bigger deal.

Even so, it’s still technically illegal in most of those places, but some genius solutions have been arrived at including black-out curtains for the windows and designated areas where the cops will sometimes turn a blind eye.

Here, though, it’s not such a hot topic, so let’s take a quick tour of the nation to see how seriously this offence of indecency is taken and what happens if police catch you having sex in a car.

In NSW, Victoria, South Australia and the Northern Territory, public sex generally would generally be dealt with under the Summary Offences Act of each jurisdiction.

WA and Qld view the same offence within the Criminal Offences Act and in Tasmania, it would come under the Police Offences Act. Sometimes an on-the-spot fine might be issued, other times you might be summoned to appear before a magistrate.

Penalties can be harsh, too, and depending on where you are in Australia, you could be looking at a fine of up to $7950 or even up to two years in prison. Sometimes the penalty will be a double whammy with a fine and a prison term handed out.