You just went on a great date with your significant other. Now, you’re driving down the freeway to head back home. Your significant other decides that date night went so well, he or she wants to provide you with oral sex. So, is it a crime if you receive oral sex while driving? Should you tell your significant other not to so you can avoid facing criminal charges?

The answer is complicated.

Is Oral Sex While Driving Considered Distracted Driving?

There is no specific law in California that states that receiving oral sex while driving is illegal. Therefore, it is not illegal to have oral sex while driving. However, this act could lead to other criminal charges under certain circumstances.

For instance, California has several laws in place to punish distracted driving. Although the most frequently cited law is for operating a phone while driving, you could be pulled over if police officers see you driving erratically. During this process, law enforcement could see that you were breaking other laws.

Lewd Acts in Public (PC 647(a))

In some cases, having oral sex while driving could lead to charges of lewd acts in public. Under California Penal Code Section 647(a), it is illegal to solicit or engage in lewd acts in public or in a place within public view.

To convict you of lewd acts in public, the prosecution must prove that:

  • You willfully engaged in the touching of your own or another person’s genitals, buttocks, or female breast
  • You did so with the intent to sexually arouse or gratify yourself or another person, or to annoy or offend another person
  • You were in a public place or a place open to public view, AND
  • You knew or reasonably should have known that another person who might have been offended by your conduct might have been present

The freeway and streets are considered public, even if you are in your own vehicle with the windows up. Someone who witnesses you engaging in oral sex could be offended, and therefore, you could be charged with this crime.

Lewd acts in public is a misdemeanor crime. If you are convicted, you face up to six months in county jail and fines of up to $1,000.

Contact the Sex Crimes Attorneys at Wallin & Klarich

If you or a loved one is facing charges for a sex crime, you should seek the help of an experienced criminal defense attorney. At Wallin & Klarich, our sex crimes defense attorneys have over 35 years of experience successfully defending our clients facing sex crime charges. Our lawyers have the skill and knowledge necessary to help you with your case.

With offices in Los Angeles, Orange County, Riverside, San Diego, San Bernardino, Torrance, Victorville and West Covina, you can find a dedicated Wallin & Klarich attorney nearby no matter where you work or live.

Call us now at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will be there when you call.


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