what is allowed and what is forbidden

Almost every other couple has already loved the outdoors, according to figures from Catherine Troadec, sexologist, in the columns on Actu.fr. In the back seat of a car, on the hot sand on a beach, in an elevator … Only here it is: sex in a public place can be severely punished by law. What exactly are you risking? What is allowed and what is forbidden? Avi Bitton, a criminal lawyer, sheds light on the subject.

Avi Bitton. “The offense ofsexual display is an offense punishable under Articles 222 to 32 of the Penal Code, which provides that “sexual intercourse imposed on the sight of others in a place accessible to the public shall be punished; one year in prison and a fine of 15,000 euros‘. The penalty is increased to two years in prison and a fine of 30,000 euros when the facts were committed to the detriment of a 15-year-old minor. It’s obviously about maximum fines and the courts can moderate them depending on the seriousness of the facts and the personality of the defendants (pure record,…).

The text of the law requires a meeting of three conditions for the offense to be constituted : an act of sexual exhibition, in a place accessible to the public, with the desire to impose this spectacle on others “.

Sex in public, an act of sexual exposure

Planet. What is it like to love in public an act of sexual exposure?

Avi Bitton. “The sexual exhibition is an act of immodest nature, consisting in exposing one’s nudity, of a sexual part of the body or may include the exhibition of sexual intercourse in public, without the sexual parts of the main characters being visible.

(…) However, a reform has recently clarified that: ‘Even in the absence of exposure of a naked part of the bodysexual exhibition is constituted if is the views of others are imposedin a place accessible to the public, explicitly committing a sexual act, real or simulated‘.

Note that the act of sexual exposure does not involve any physical contact between the perpetrator and the victimnamely the person watching the place (in case of contact, we are talking about sexual assault, sexual assault or rape) ”.

In addition, there is an offense if the act is performed in a place accessible to the public.

On the street, in the toilets of a restaurant, in the cinema … Where is it to make love reprehensible?

Planet. Can you specify what is called “a place accessible to the public”?

Avi Bitton. “It could bea public place such as a street, a forest, a beach, a parking lot but also places accessible to the publicwhether in public buildings (such as hospitals, administrative schools, prisons, etc.), public transport (trains, planes, taxis, etc.) and even private places where the public can enter at certain times (hotels, shops, theaters, cinemas …), without forgetting The workplaces.

It was thus assessed that the counter in a hotel hall, the toilets in a restaurant, a law firm or a driving school vehicle were loaded places. But also ofa private place accessible to third parties (it is the mention of the action that is suppressed): house, apartment, room, garden when these are available to third parties.

For example, a woman who performed oral sex on a man in a car has been convicted of: ‘The sexual intercourse took place for the benefit of all persons traveling in the vicinity of this vehicleand for the benefit of the residentsbecause the city light illuminated the interior of the car very clearly.

So justa single involuntary witness to the exhibition to constitute the offense“.

It is also necessary that the author of the exhibition has “the will to impose the action on others” …

Love in public, the rare cases where it is allowed

Planet. Are there special cases where it is allowed to have sex in a public place?

Avi Bitton. “Sexual exposure must” be imposed on the views of others. ” ‘it is not punishable when it is not imposed in the eyes of others (swinger clubs, striptease cabaret, etc.).

This is what the Paris court confirms in a judgment of 13 December 1994 ‘The fact that you are in a vehicle parked in a car park, with all the doors closed and which, due to the position of the persons concerned, is not visible from the outside, does not make it possible to say that the act was affixed to the view; of others.

The fact that the person has taken all his precautions does not alter the illegality of the act (note that the act in question must meet the three conditions set out above to constitute a sexual exhibition offense) “.

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