Can You Legally Fornicate in A Car in Texas?

Whether you're hanging with the hippies in Austin, TX, or wildcatting out past Midland, the fact that you clicked on this story lets me know you've got a curious mind... or a guilty conscience. So which is it? Just kidding.

No matter what you call it: intercourse, knockin' boots, coitus, copulation, getting busy, lovemaking, bumping uglies, the fact is it is an integral part of human nature. But of course, we live in a society that does not always encourage the act of making love. Especially not out in the open.

Fornicate refers to "sexual intercourse that occurs between people who are not married to each other," but the purpose of this is just car sex in general.

Is it a criminal act?

As it turns out, there is no criminal law that specifically states that it is illegal to have sex in a car, however, there are several statutes that could be applied to it.

Texas Penal Code Title 5, Chapter 21 defines sexual offenses in Texas. Getting caught in a compromising position in a car in Texas falls under Public lewdness. Public lewdness, defined by § 21.07, is a sex crime in Texas that prohibits sexually explicit actions that may be seen by other non-participating persons.

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Indecent exposure defined by § 21.08 occurs when someone recklessly exposes the private parts of their body, meaning the person doesn't care if another person happens to see it. So if you're naked in a car in public this can certainly apply.

What's a "public" place?

A public place is defined by § 1.07 of Texas Ann. Penal Code. It is defined as a place to which the entire public or a significant part of the public has access.

If convicted of public lewdness, a Class A misdemeanor, penalties can range from a small fine to jail time of up to one year in prison plus a $4000 fine. This can also come with a lot more legal trouble including having to register as a sex offender. You can get more on that here.

But the risk of punishment is not stopping everyone from car sex. In a study published in the Journal of Sex Research, researchers found that 60% of survey respondents say they have gotten busy in a parked car. Less than 10% say they were caught.

So, just be mindful of where you are.