Is It Illegal to Have Sex While Driving?

Engaging in sexual acts while operating a vehicle can lead to various traffic violation citations.

Defend your rights. We've helped 95 clients find attorneys today.

There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

State laws don't specifically make it illegal to engage in sexual acts while driving. However, doing so could result in a number of different charges.

Possible Charges for Having Sex While Driving

The charges you might face for having sex while operating a vehicle depend on the circumstances and your state's laws.

Distracted Driving

To say the least, when a motorist engages in sexual acts while driving, there's a substantial risk he or she will be distracted from operating the vehicle safely. Most states have distracted driving laws that specifically prohibit activities like talking on a cellphone and text messaging while driving. But some states also have more general laws that make it illegal to do anything while operating a vehicle that distracts from driving safely. In states with these more general laws, sex while driving could certainly lead to a distracted driving ticket.

Distracted driving is normally a traffic infraction. Convicted motorists typically face fines and possibly demerit points on their driving record but no jail time.

Reckless Driving

Each state has its own specific definition of reckless driving. However, reckless driving laws generally make it illegal to operate a vehicle in a matter that shows a willful or reckless disregard for the safety of other people or property. Depending on the circumstances, having sex while driving could certainly qualify as reckless driving. Also, in one state, Washington, "embracing" another person while operating a vehicle is considered prima facie evidence of reckless driving.

Indecent Exposure

Depending on the situation, having sex while driving could also lead to indecent exposure charges.

Indecent exposure is usually a misdemeanor. A conviction might carry fines and up to a year in jail. Some states also require sex offender registration for those convicted of indecent exposure.

Talk to a Traffic Attorney

If you've been cited for a violation, it might be worth hiring a traffic attorney. In most cases, a traffic attorney can go to court in your place and will know best how to handle your situation.

DEFEND YOUR RIGHTS
Talk to a Defense attorney
We've helped 95 clients find attorneys today.
There was a problem with the submission. Please refresh the page and try again
Full Name is required
Email is required
Please add a valid Email
Phone Number is required
Please enter a valid Phone Number
Zip Code is required
Please add a valid Zip Code
Description is required
By clicking "Find a Lawyer", you agree to the Martindale-Nolo Texting Terms. Martindale-Nolo and up to 5 participating attorneys may contact you on the number you provided for marketing purposes, discuss available services, etc. Messages may be sent using pre-recorded messages, auto-dialer or other automated technology. You are not required to provide consent as a condition of service. Attorneys have the option, but are not required, to send text messages to you. You will receive up to 2 messages per week from Martindale-Nolo. Frequency from attorney may vary. Message and data rates may apply. Your number will be held in accordance with our Privacy Policy.

You should not send any sensitive or confidential information through this site. Any information sent through this site does not create an attorney-client relationship and may not be treated as privileged or confidential. The lawyer or law firm you are contacting is not required to, and may choose not to, accept you as a client. The Internet is not necessarily secure and emails sent through this site could be intercepted or read by third parties.

How It Works

  1. Briefly tell us about your case
  2. Provide your contact information
  3. Choose attorneys to contact you