ALFRESCO fornication may seem like a fun way to spice up your sex life, but could you end up on the wrong side of the law?
Here’s everything you need to know about the legality of having sex in public.
Is it illegal to have sex in public in the UK?
The issue is complicated because although it is not always considered illegal to have sex outdoors, several laws can result in an arrest.
For example, the Sexual Offenses Act 2003 states that indecent exposure can be recognized as a type of sexual crime.
Therefore, if a person is seen displaying private parts of themselves in public, they risk finding themselves in trouble.
What’s more, the crime of outraging public decency can land you in prison, as a couple discovered in September 2017 when they narrowly escaped arrest after having sex in a Dominoes Pizza takeaway.
In recent years, however, the police have adopted a softer approach and are likely to only get involved if the public complains.
In 2009, the Association of Chiefs of Police released specific guidelines for policing “Public Sexual Settings”.
The document said: “The Metropolitan Police Service (MPS)… is committed to making PSEs safer for both users and those who encounter them in their daily activities.”
Having sex outdoors is not specifically illegal
Avon and Somerset Police Spokesperson
And Chris Ashford, professor of law and society at Northumbria University, told BBC that police have to strike a balance between policing isolated locations where passers-by might stumble upon public sex and responding to public concerns.
As a general rule, you’re unlikely to get caught in an extremely secluded location, but you’re asking for trouble if you have sex on a crowded beach.
What laws make public sex a crime?
To outrage public decency is to commit an act of such an obscene character that it goes beyond public decency (the nature of the act must be proven before the crime can be established).
The act in question must have occurred in public and been seen by two or more people.
Under section 5 of the Public Order Act 1986, a person is guilty of an offense if they use threatening (or abusive) words or behavior, or disorderly behavior in the presence of a heard or seen person, likely to cause harassment, alarm or anguish.
The Sexual Offenses Act 2003 says a person commits an offense if they intentionally expose their genitals and intend for someone to see them and become alarmed or distressed.
The same law defines sexual activity in a public bathroom as a crime.
Punishments vary, but most infractions are punishable by fines.
But in extreme circumstances, if you receive a charge for indecent exposure, you may be placed on the Sexual Offenders Register.
What should you do if you are caught having sex in public?
If you have sex in public and are unlucky enough to get caught, it’s probably best to get dressed, go home, and stay indoors if you wish.
If your sex act is interrupted by a police officer, you will likely be transferred or cautioned, depending on where you are.
According to The Bristol Posta spokesperson for Avon and Somerset Police said: “Having sex outdoors is not specifically illegal.
“However, anyone who has sex in public can be arrested for exposure under the Sexual Offenses Act 2003 and for the common law offense of outraging public decency.”
This story originally appeared on The-sun.com read the full story
