As the song goes, birds do it and bees do it. However, when people do “it” in Nevada, they better be careful where and how “it” is done.
A car is a popular site for engaging in sexual activities. It is easily accessible, is often at least somewhat roomy, and you have a sense of privacy. The law doesn’t exactly see it like that though, and “doing the deed” in your vehicle (or someone else’s) can get you in some legal trouble.
However, it isn’t as easy as saying that a vehicle is always off-limits for sexual activity. The law isn’t quite that simple. There are actually a lot of moving parts to the Nevada sex laws and it would be in your best interest to have an idea of what they are and how they apply to you before you actually test them out.
Is your car private property or a public place?
This question has sparked a lot of controversy over the years. Is your car private property like your home, or is it a public place? The answer is, it depends.
If you are at home, in the garage, and not on a public street or in a public area, it isn’t likely that anyone would arrest you for having sex in your car.
On the other hand, if you were in a parking garage, on the side of the road, in a parking lot, or in a park, having sex in your car could get you a fine and even jail time. Depending on the facts of your case, you could be charged with:
- Open and Gross Lewdness
- Sodomy in Public
- Statutory Rape
- Certain Sexual Acts in Public
Some of these charges are classified as felonies and if you are convicted it could mean jail time and you may have to register as a sex offender. In some cases, the charges can be reduced, but it isn’t wise to take that chance. It is better to find a more appropriate location instead of risking fines, jail, and more.
What laws may apply if you get caught having sex in a car?
There are actually quite a few laws that may apply if you are caught having sex in a car. It depends on the circumstances surrounding the charge. Some of the most common laws applied to sex acts in a car include:
- NRS 201.190 – Commission of Certain Sexual Acts in Public
- NRS 200.366 – Sexual Assault (including Rape)
- NRS 200.368 – Statutory Sexual Seduction
- NRS 201.230 – Lewdness with a Child Under 16 Years
- NRS 201.220 – Indecent or Obscene Exposure
- NRS 201.210 – Open or Gross Lewdness
You need a skilled, experienced criminal defense attorney to represent you. He or she will look at the particulars of your case and create a defense strategy based on that.
What are the penalties you might face for having sex in a car?
Different laws carry different penalties. For instance, if you are convicted of “commission of certain sexual acts in public,” it is a category D Felony. That means a minimum of not less than one year and a maximum not to exceed four years in prison. It also means a fine of up to $5,000 unless another statute requires a higher one. You will also be required to register as a sex offender.
More serious sex crimes, such as using a weapon in the commission of the act, carry even harsher penalties.
A first offense “open or gross lewdness” or “indecent or obscene exposure” conviction is a gross misdemeanor. A subsequent offense is a category D Felony with the same punishment “commission of certain sexual acts in public.”
Penalties for a gross misdemeanor include up to 364 days in the county jail and a fine not to exceed $2,000, or both.
What are the defenses to having sex in a car in Nevada?
The defense strategy that your attorney uses for you will depend on what you are charged with and the specific circumstances of the incident. Some of the more common defenses for having sex in a car include:
- Entrapment – the police entrapped you
- The sex acts happened in private
- Falsely accused
- The accuser consented to the sex act
- You were under 18
- The sex act was not anal or oral
Other defense strategies may be more appropriate, based on the particulars of your case. Your attorney will determine the best course of action for the best possible outcome.
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