Can You Go to Jail for Getting Naughty in a Car in New York?

The weather has been so hot in the Hudson Valley lately; however, things got even hotter on Route 9G in Hyde Park.

Driving North on Route 9G in Hyde Park

I was driving north on Route 9G in Hyde Park. It was a very hot and humid day, and my car’s air conditioning was not cutting it. The humidity just made everything feel disgusting. Behind me is this little black car. As I’m passing the entrance to Val-Kill, I see the car swerve a little bit. It didn’t seem like this guy had great control of the car. I’m thinking to myself, “Is this guy drunk or something? Is he on his phone?”

We got to the red light there at the intersection of Violet Avenue and Haviland Road. I looked in my rearview mirror to see what was going on with this guy. The guy had to have been in his 50’s or 60’s. He had short, but slightly ruffled salt-and-pepper colored hair. I noticed that this guy was shirtless. Honestly, I don’t blame him for being shirtless, it’s hot! I just hope he didn’t have leather seats, otherwise his back would be melting off.

The thing that really struck me was how he was behaving. His eyes looked kind of glazed over. His mouth was wide open. His head was leaning back, he looked sort of limp, and he honestly did not look well at all. Now I’m thinking, “Is this man having a heart attack or a stroke? Or maybe he is having a heat stroke?!”

I Did NOT Need to See That

I wasn’t sure what to do. I felt like I needed to help this man. That is until I see a gorgeous woman pop up from behind the dash. She had to have easily been at least 20 years younger than the man, if not more. Her head arose from behind the steering wheel, and she adjusted herself in the passenger seat where she wiped her mouth and grinned mischievously. The man, looking absolutely beat, had the biggest smile on his face.

The light turned green, and I immediately sped off, trying to leave them as far behind me as possible. Like, honestly, good for them, but I didn’t need to have any part in witnessing that.

Is Getting Naughty in a Moving Car Legal in New York

So, can you get arrested or ticketed for having some extra fun in the car? Sex in a parked car is allowed as long as no one is likely to see you, New York state’s top court ruled. In a 1991 case (People v. McNamara), a New York court determined that having sex in a car did not constitute public lewdness unless the act could be readily seen by passersby.

Canva / Erik Mclean from Pexels

Canva / Erik Mclean from Pexels

The court’s analysis focused on whether the act took place in a public place, but it also acknowledged the participants’ right to privacy. The location of the car can also be a factor. For example, having sex in a car in a garage is different from having sex in a car in the middle of a parking lot. In another case, the Court of Appeals threw out charges of public lewdness against three women arrested in Buffalo in separate incidents in 1989.

Canva / Milan Markovic from Getty Images Signature

Canva / Milan Markovic from Getty Images Signature

Okay, that’s when a car is parked. What about when you are driving, like the couple I saw in Hyde Park? Receiving oral sex while driving is considered a serious offense because it’s distracting. Reckless or dangerous driving is illegal in all states and territories and can result in imprisonment. Drivers who are convicted of reckless driving could spend up to 30 days in jail for a first offense, 90 days in jail for a second offense, and 180 days in jail for a third offense. Fines: Someone convicted of reckless driving in New York will pay a fine of $100 to $300 for a first offense.

You may find handcuffs kinky, but there’s nothing arousing about getting arrested. When in doubt, just save it for the house.

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