Nearly one of the two couples is in love outside, according to figures from Catherine Troadec, sexologist, in the Actu.fr columns. In the back seat of a car, on the hot sand of the beach, in an elevator … Here it is: sex in public can be severe punishment by law. What are you risking, exactly? What is allowed, and what is forbidden? Avi Bitton, a criminal lawyer, sheds light on the subject.
Avi Bitton. “The violation ofsexual display an offense punishable by article 222-32 of the Penal Code which stipulates that ‘sexual exhibit imposed in the view of others in a place easily visible to the public is punishable. one year imprisonment and a fine of 15,000 euros‘. The penalty was increased to two years in prison and a fine of 30,000 euros when the facts are made to the injury of a 15-year-old minor. This is clearly about maximum penalty and the courts can modernize them depending on the seriousness of the facts and the personality of the accused (clean record,…).
The legal text imposes the meeting on three conditions for violation to be established : an act of sexual exhibition, in a place accessible to the public eye, with the desire to impose this view on others ”.
Public sex, an act of sexual exhibition
Planet. How is making public love an act of sexual exhibition?
Avi Bitton. “The work of sexual exhibition is an act of an unjust conduct consisting of the exposure of a naked, sexual part of the body or may involve the display of prostitution in public, without seeing the sexual parts of the protagonists.
(…) However, a reform has recently stated: ‘However in the absence of exposure of a naked part of the bodythe sexual exhibition than if so imposed on the view of othersin a place visible to the public, the apparent commission of a sexual act, real or simulate‘.
Note that the act of sexual exhibition does not involve any physical contact between the perpetrator and the victimthat is the person who attended the scene (in the event of contact, we will discuss sexual assault, sexual assault or rape) ”.
In addition, there is a violation when the action is taken in a place accessible to the public.
On the street, in the restrooms of a restaurant, in the cinema … Where is the making of love to be criticized?
Planet. Can you figure out what is called “a place available for public viewing”?
Avi Bitton. “It is possible thata public place like a road, a forest, a beach, a parking lot but also publicly accessible areaseven in public buildings (such as hospitals, administrative schools, prisons, etc.), public transportation (train, plane, taxi, etc.) and so on private areas where the public can enter for a few hours (hotels, shops, theaters, cinemas…), without forgetting Workplaces.
It was thus ruled that the counter in a hotel hall, the restrooms in a restaurant, a law office or a driving school in the school areas were charged. But also ina private area accessible to third parties (This is the publicity of the work that is restricted): house, apartment, bedroom, garden if it is accessed by third parties.
It was, for example, judged about a woman who had oral sex with a man in a car, saying: ‘Sexual intercourse took place. to see all the people who can travel near this carand to look after the residentsbecause the city light was very bright inside the car.
So justan involuntary witness to the exhibit to commit the offense“.
The author of the exhibit must also have “the will to impose the action on others” …
Make public love, the rare cases where it is allowed
Planet. Are there special cases where sex in a public place is allowed?
Avi Bitton. “Sexual exhibition must be ‘imposed on the view of others.’ ‘It will not be punished if it is not imposed in the sight of others (swinger clubs, striptease cabaret, etc.).
Thus, in a decision on December 13, 1994, the Court of Paris affirmed that ‘the fact that there is a car parked in a parking lot, with all the doors closed, which due to the position of the persons concerned cannot be seen from the outside, cannot be said that the work was imposed on views of others ’.
The fact that man made all his provisions did not change the illegality of the act (Note that the action in question must comply with the three conditions mentioned above in order to constitute a violation of sexual exhibition) ”.