No, the law does not explicitly say it is illegal to have sex in a car. It does say that you cannot take part in or solicit “lewd or dissolute conduct” in a public location or in view of the public. Therefore, it is illegal to have sex in a car that is parked in a public location or a car that is parked on private property but in view of the public. The law in question is California Penal Code Section 647(a).
Lewd or Dissolute Conduct
The law prohibits lewd or dissolute conduct in a public place. Lewd or dissolute conduct is willfully touching female breasts, genitalia, or buttocks for the purpose of sexual gratification or sexual arousal. If the intention was not gratification or arousal but to offend someone who may see the conduct, it is also considered lewd or dissolute conduct.
In order to be charged with lewd or dissolute conduct under California Penal Code Section 647(a), the sexual conduct must be:
- In a public place
- In a place open to the public
- In a place in view of the public
This means having sex or sexual contact in a car that is in a place accessible to the public is illegal. This could be a park, a side street, on the beach, or anywhere that is not private property.
If you have sex in a car parked on a driveway or in a yard that is in full view of the public, this is also illegal. It is not illegal to have sex in a car that is on private property and obscured from public view. For example, if your car was parked on your property and fences or trees obscured the view from the street, it would not be illegal.