It’s Valentine’s Day today, a day for people to express their love for their partners. But one lawyer has warned that more – ahem – physical expressions of love are best kept for the home, not the car.
“Having sex in a parked car can result in being charged with an offence of obscene exposure if it is within view from a public place,” warns Avinash Singh of Astor Legal.
“This means that the offence extends to not just sex in a car, but can also capture having sex in your home if you can be seen through a window, or on a balcony.”
Even if you’re having a sneaky kiss in the car, be careful this doesn’t prove dangerously distracting.
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“PDA-related distractions can contribute to liability in an accident. If a person is distracted by their partner while driving and this contributes to the accident, they can be held responsible for the accident,” said Mr Singh.
While he says minor PDA-related traffic offences are rarely enforced – the police are unlikely to pull you over for giving your partner a peck on the cheek at a red light – any distraction that leads to actual harm could result in severe penalties.
Under Regulation 297 of the Road Rules 2014, it’s an offence to not have proper control of a vehicle at all times, and the maximum penalty for this offence is a fine of $2200.
Hit someone with your car while distracted by your partner, and Mr Singh warns you could face a maximum penalty of two years’ imprisonment under the Crimes Act 1900, or up to seven years if this results in grievous bodily harm.
And even if you do pull over for some sexy shenanigans, be careful you’re not visible to the public. Penalties vary depending on the jurisdiction, so here’s a breakdown:
| State/territory | Offence | Maximum penalty |
|---|---|---|
| NSW | Obscene exposure | $1100 fine or 6 months’ imprisonment |
| QLD | Wilful exposure | $330 fine |
| VIC | Offensive conduct | 2 years’ imprisonment |
| SA | Indecent exposure, gross indecency | $1250 fine or 3 months’ imprisonment |
| WA | Obscene act in public | 3 years’ imprisonment |
| TAS | Obscene exposure | $2050 fine or 12 months’ imprisonment |
| ACT | Obscene exposure | $3200 fine or 12 months’ imprisonment |
| NT | Obscene exposure | $2000 fine or 6 months’ imprisonment |
So, this Valentine’s Day, keep it G-rated on the roads and save the romance for your home or hotel room.
