Is public sex illegal in the UK?

ALFRESCO fornication may sound like a fun way to spice up your sex life, but could you wind up on the wrong side of the law?

Here’s everything you need to know about the legality of having sex in public.

Is it illegal to have public sex in the UK?

The issue is complicated, as while it is not always considered illegal to have sex outdoors, several laws could result in an arrest.

For instance, the Sexual Offences Act of 2003 states that indecent exposure could be recognised as a type of sexual crime.

Therefore, if a person is seen to be displaying intimate parts of themselves while in public, they are at risk of finding themselves in hot water.

Also, the crime of outraging public decency could land you in jail, as a couple found out in September 2017 when they narrowly avoided prison time after having sex in a Dominoes Pizza takeaway.

In recent years though, police have adopted a softer approach and will probably only get involved if members of the public complain.

In 2009, the Association of Chief Police Officers released specific guidelines for policing “Public Sex Environments”.

The document said: “The Metropolitan Police Service (MPS)… is committed to making PSEs safer for both users and those who happen upon them when going about their daily business.”

Having sex outdoors is not specifically illegal

Avon and Somerset Police spokesperson

And Chris Ashford, professor of law and society at Northumbria University, told the BBC that police have to strike a balance between policing isolated locations where bystanders might stumble across public sex with responding to public concerns.

As a rule of thumb, you’re unlikely to be caught in an extremely secluded location, but you’re asking for trouble if you have sex on a crowded beach.

What are the laws that make public sex a crime?

Outraging public decency is committing an act of such a lewd character as to outrage public decency (the nature of the act has to be proved before the offence can be established).

The act in question must have taken place in public and been seen by two or more people.

Under section 5 of the Public Order Act 1986, a person is guilty of an offence if they use threatening (or abusive) words or behaviour, or disorderly behaviour within the hearing or sight of a person likely to be caused harassment, alarm or distress.

The Sexual Offences Act 2003 says a person commits an offence if they intentionally expose their genitals and intends that someone will see them and be caused alarm or distress.

The same act defines sexual activity in a public lavatory as a crime.

Punishments vary but most offences are punished with fines.

But in the extreme circumstances, if you receive a charge for indecent exposure you could be placed on the Sex Offenders Register.

What should you do if you get caught having public sex?

If you do have sex in public and you’re unlucky enough to get caught, it is probably best to get dressed, go home and continue indoors if you choose.

If your lovemaking is interrupted by a cop you’ll probably get moved on or cautioned, depending on where you are.

According to The Bristol Post, a spokesperson from Avon and Somerset Police said: “Having sex outdoors is not specifically illegal.

“However, anyone having sex in public could be arrested for exposure under the Sexual Offences Act 2003 and for the common law offence of outraging public decency.”