Is having sex in public a crime. What are you charged with?

You’re right to be worried: having sex in public is a crime, at least if there’s anyone around (e.g. doing in the depths of the woods may be technically in “public” but is probably ok). Public sex is considered public lewdness, and someone who “does any lewd act in public place which he [or she] knows is likely to be observed by others who would be affronted or alarmed” is guilty of a Class C misdemeanor in Alabama. (While this law is specifically Alabama’s, every state will have similar ones, by the way.)

While misdemeanors are the less serious crimes (felonies are the ones that can put people away for years), you can still do jail time on one: in Alabama, a Class C misdemeanor could result in up to three months in jail. A fine is another possible punishment.

If you and your girlfriend do have sex in public and are caught at it, make sure you retain an attorney to defend you—even though it’s only a Class misdemeanor, you’d still prefer to bargain it down yet further, or otherwise reduce the potential penalties, if at all possible.