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Making love has the best experience, and most people agree. Sex is important in human life. It helps induce sleep; when you have had sex, you are bound to sleep soundly. This is also a remedy that insomniac people can use. 

According to Htun et al. (2003), there are rules laid down to govern countries on sex which should be abided on by its people. Human beings are so exploring and curious about nature. Due to this, they are always on the run to try new things out. Do you want to spice up your relationship by taking it away from the bedroom? Do you feel like making out in the garden in the city where there are cool trees and fresh air? You want to go and experience sex in the beach as the breeze feels cool on your skin while feeling the sensation running down your spine. You have all these desires, but you are unsure if it is possible. Public sex is a misdemeanor since the law criminalizes public sex in most states. Many people wonder if public sex is legal. This article highlights some of the possible answers to the question is ‘public sex legal?’ 

Is Public Sex Legal?

Public sex is a sexual activity carried out in open areas. Though some exceptional places allow people to stay in their birthday suits, they are also free to go to the extreme without being questioned. Public sex does mean sexual acts in public places and semi-public places. Therefore, it depends on the place. Places such as the backyard and the bedroom with open curtains are private, but when people can see you, it makes it quite an offense. Semi-public places include sex in the mall and public restrooms. Sex in the car, airplane toilet cubicles, cemeteries, or the beach are some of the places considered public. The charges will depend on the place and the crime you will be charged with.

Examples of Public Sex as Considered By Law

Some things are not necessarily sexual, but the exposure of your private parts is considered an offense. The exposure of the intimate parts such as the breasts or genitals is indecent, making it a misdemeanor crime. Natapoff (2018) describes misdemeanor sex as a crime that deserves punishment. Those caught in the act are charged with indecent exposure. Some might argue that if they get in the act but do not show off their private parts, this will still be a punishable crime that might make them get charged with other crimes.

Law is made by Minnesota where they term fornications a crime and can be charged more when the act is done in the public area. This does not mean that married couples are allowed to make out in the streets since they will still be charged. Similarly, Cott (2002) stated that adultery is a crime, and it will make it worse if the act is done in public.

Another scenario can come in where you park your car in the dark somewhere in the pathway where pedestrians can see you when they are passing. You might decide to argue that it wasn't in a public place, but it will depend on the law used to charge you.

Penalties for having sex in the public

Any public sex-related offense is a typical misdemeanor in which most states are punishable by up to a year in jail or even have a fine. These penalties differ from state to state. Other penalties may include probations.

Disadvantages of Public Sex

Can Be Accessed By Young Children

Having sex in public might be fun as some people may think, but that is selfish thinking. Imagine young kids seeing adults making out in the garden. This will lead to sexual violence, sexism, and poor mental growth. These are why governments have put some measures to curb public sex.


This is a disadvantage of being caught in such a disgusting state. For married couples, imagine the state you will put your children in. The heartbreak that will result from your parents when they hear about their daughter being caught making love in public. How do you expect your family to attend a court proceeding in such a case? This will not only affect your relationship with the family but with society at large. Embarrassment will last for long; therefore, at times, you might be forced to shift places of residence so that you stay away from criticizing people and society.  


When one practices public sex, they can be imprisoned since it is so evident that most countries are against it. Most nations have made any public sex case to be a  misdemeanor crime. The charges of the case depend on the incident at hand. There are two main causes which are indecent. They are exposed and the behavior is commonly violated. 


You should consider discussing with an experienced criminal defense attorney if you are charged with a public sex crime. To be on the good side with your society and the government, do not even think of having sex in public. Imagine how amusing it would be standing before the court to answer to it and get costly. This might even affect your family and your social relationships at large. You should note that public sex is illegal in all the countries, and you should not be lied to by the sex video that you might find going around on social media make you think that there are countries that comfortably allow such things. These videos are made in some of the most disgusting places you can ever imagine.

Another thing to think about is imagining if public sex was legal as some people would wish. Kids who see couples have public sex will become like them when they grow up. When you feel that you should have sex in the public, some beaches in the world allow nudity. These areas have a specific place for such left by the authorities. Proceed with caution.


Cott, N. F. (2002). Public vows: A history of marriage and the nation. Harvard University Press.

Htun, M. N., Htun, M., & Mala, H. (2003). Sex and the state: abortion, divorce, and the family under Latin American dictatorships and democracies. Cambridge University Press.Natapoff, A. (2018). Punishment without crime: How our massive misdemeanor system traps the innocent and makes America more unequal. Hachette UK.