CreativiTimothy
Member
State: California (CA)
I think this one is quite ambiguous with kissing or cuddling considered a sexual activity or not. For example, is it legal to do in public? I know some people here are going to give their personal opinion about whether public display of affection is arrogant or not, but that's not the point of my question. I'm looking for answers on legality. Thank you in advance!
The reason I'm asking is because so many places are considered public, even someone's private car, because people can see through the windows. As far as I've read, if you have sex in the car and the car next to you or something sees it, they can report you for indecent exposure since it's viewable to the public. I think changing clothing with the window open in your house can also count as indecent exposure possibly.
Regarding cars, I'm pretty sure most of the time it's public because according to this website, cars can be considered public (Is Having Sex in Public a Crime? What Can You Be Charged With?):
"What about sex in a car, as you inquired? If you are parked on a main street during the day and clearly visible to passers-by, that would qualify as a public setting. But, a New York court has ruled that sex in a car was not sex in a public place unless the act could be readily seen by passers-by. (People v. McNamara, 585 N.E.2nd 788 (1991).) So, it really depends on whether your state views the interior of a car as a public or private space, and what the circumstances are of your “parking.” The more visible you are to the casual observer, the more public you are and the likelier you are to be in violation of your state’s laws."
With that being said, is cuddling or kissing considered sexual activity? If so, that means it would be wise to put up car curtains and sunshades when kissing/cuddling or making sure you kiss/cuddle in a part of your house that cannot be seen through windows?
Do the details matter under the law for kissing and cuddling to be considered sexual activity? Kissing: kiss on the cheek, peck on the lips, kissing lips for extended periods, French kissing. Cuddling: normal cuddling where you hug the person while laying down horizontally instead of standing, spooning, etc.
I think this one is quite ambiguous with kissing or cuddling considered a sexual activity or not. For example, is it legal to do in public? I know some people here are going to give their personal opinion about whether public display of affection is arrogant or not, but that's not the point of my question. I'm looking for answers on legality. Thank you in advance!
The reason I'm asking is because so many places are considered public, even someone's private car, because people can see through the windows. As far as I've read, if you have sex in the car and the car next to you or something sees it, they can report you for indecent exposure since it's viewable to the public. I think changing clothing with the window open in your house can also count as indecent exposure possibly.
Regarding cars, I'm pretty sure most of the time it's public because according to this website, cars can be considered public (Is Having Sex in Public a Crime? What Can You Be Charged With?):
"What about sex in a car, as you inquired? If you are parked on a main street during the day and clearly visible to passers-by, that would qualify as a public setting. But, a New York court has ruled that sex in a car was not sex in a public place unless the act could be readily seen by passers-by. (People v. McNamara, 585 N.E.2nd 788 (1991).) So, it really depends on whether your state views the interior of a car as a public or private space, and what the circumstances are of your “parking.” The more visible you are to the casual observer, the more public you are and the likelier you are to be in violation of your state’s laws."
With that being said, is cuddling or kissing considered sexual activity? If so, that means it would be wise to put up car curtains and sunshades when kissing/cuddling or making sure you kiss/cuddle in a part of your house that cannot be seen through windows?
Do the details matter under the law for kissing and cuddling to be considered sexual activity? Kissing: kiss on the cheek, peck on the lips, kissing lips for extended periods, French kissing. Cuddling: normal cuddling where you hug the person while laying down horizontally instead of standing, spooning, etc.