Is Having Sex in a Car Against the Law in Scotland?

July 6, 2023 - 1:52 pm - 3 min read

What is the Law on Having Sex in a Car in Scotland?

Scotland is renowned for its scenic landscape and the impressive charm of its historic castles. However, for those who enjoy the thrill of intimacy in a less conventional setting, this raises the question of whether or not it is legal to have sex in a car in Scotland. The truth of the matter is that while it is not strictly illegal to have sex in a car, there are several factors that need to be considered before engaging in this kind of activity.

While there are no specific laws that prohibit having sex in a car, certain actions that might take place during this activity, such as exposing oneself to the public or the presence of minors, are illegal and carry severe consequences. Scotland’s laws on public indecency, sexual offenses, and breach of peace are applicable in these scenarios and could lead to heavy fines, imprisonment, or both.

What Is Public Indecency?

Public indecency is a term used to describe sexual conduct or acts that are lewd or open to public view. This offence is punishable by law, and individuals caught engaging in sexual activity publicly or in full view of other people could be convicted of this crime. In Scotland, the maximum penalty for public indecency is imprisonment for up to two years, a fine, or both. However, if the conduct is deemed to be of a sexual nature, the maximum penalty rises to five years in prison, a fine, or both.

What Are Sexual Offences?

Sexual offences, under the Sexual Offences Act of 2003, encompasses a broad range of activities, including indecent exposure, sexual assault, rape, and voyeurism. Indecent exposure is when someone intentionally reveals their private parts in a manner that causes alarm or distress to the viewer. This act carries a potential sentence of up to two years in prison, a fine, or both.

Sexual assault is a violation of an individual’s sexual autonomy and dignity through unwanted sexual contact. Rape is the non-consensual penetration of another person, while voyeurism is the act of observing someone without their knowledge or consent for the purpose of sexual gratification.

What is Breach of Peace?

Breach of peace refers to actions that induce fear, alarm, or distress in others, either by direct or indirect means. Therefore, if someone is caught having sex in a car, and this activity causes a disturbance to others, they could be charged with a breach of peace offense. Conviction of this crime could result in up to two years in prison, a fine, or both.


In conclusion, while having sex in a car may seem like a thrilling and private activity, it is not entirely legal in Scotland. Individuals engaging in this kind of activity must take adequate measures to ensure that the act is not visible to others, especially minors, and that it does not cause any disturbance to the public. Failure to do so could result in severe consequences under the Scottish law. Therefore, it is best to avoid any risky behavior that could land you in trouble with the authorities and follow the law always.


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