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In California, kissing and ordinary consensual making out in public are generally not illegal by themselves. State law does not prohibit public displays of affection simply because other people can see them.
The legal issue changes when conduct goes beyond kissing and satisfies the requirements for lewd conduct in public under California Penal Code § 647(a) or, in different circumstances, indecent exposure under Penal Code § 314.
For lewd conduct, California law requires more than conduct that someone considers embarrassing, inappropriate, or overly affectionate. The prosecution must establish specific conduct, intent, location, and surrounding circumstances.
Is Kissing or Making Out in Public Illegal in California?
Usually, no.
California does not have a law that simply makes kissing, hugging, holding hands, or ordinary public displays of affection illegal. Kissing itself is also not one of the acts identified in California’s jury instruction for lewd conduct under Penal Code § 647(a).
That means a couple does not violate § 647(a) merely because:
- they kiss in a park;
- they make out in a parked car;
- another person sees them;
- someone considers the behavior inappropriate; or
- the kissing lasts longer than a brief kiss.
The analysis can change if the conduct involves the type of sexual touching covered by California’s lewd-conduct law and the other elements of the offense are present.
Consent between the people involved also does not automatically make every type of public sexual conduct lawful. Participants’ consent is different from whether particular conduct violates a public-conduct statute.
When Can PDA Become Lewd Conduct Under California Law?
California Penal Code § 647(a) makes it a misdemeanor for disorderly conduct to engage in or solicit lewd or dissolute conduct in a public place, a place open to the public, or a place exposed to public view.
The statutory phrase “lewd or dissolute conduct” has been narrowed by California courts. It does not mean any behavior that another person considers sexually suggestive.
What Penal Code § 647(a) Requires
The Judicial Council of California’s criminal jury instruction, CALCRIM No. 1161, identifies five elements that must be established for lewd conduct in public.
In general, the prosecution must prove that:
- The person willfully touched their own or another person’s genitals, buttocks, or a female breast.
- The touching was done with the intent to sexually arouse or gratify the person or another person, or to annoy or offend another person.
- The conduct occurred in a public place, a place open to the public, or a place open to public view.
- Another person who might have been offended was present.
- The person knew or reasonably should have known that someone who might be offended was present.
Those requirements are important because they show why ordinary kissing does not automatically become lewd conduct simply because it happens in public.
What Pryor v. Municipal Court Says About Lewd Conduct
The leading California Supreme Court decision is Pryor v. Municipal Court, 25 Cal.3d 238 (1979).
In Pryor, the California Supreme Court narrowly interpreted Penal Code § 647(a) to avoid treating vague notions of immorality or social disapproval as criminal conduct. The court explained that the law reaches specified sexual touching done for sexual arousal, gratification, annoyance, or offense when the person knows or reasonably should know that another person who may be offended is present.
This means the legal question is not simply:
“Would someone think this PDA is inappropriate?”
The better question is whether the actual conduct and circumstances satisfy the elements California law requires.
Is Making Out in a Car Illegal in California?
Making out in a car is not automatically illegal in California.
Ordinary kissing or making out does not become a crime merely because it happens inside a vehicle.
However, being inside a car also does not necessarily make all conduct private.
Penal Code § 647(a) expressly applies not only to a “public place,” but also to a place open to the public or exposed to public view. Conduct inside a vehicle parked on a public street, in an accessible parking lot, or in another visible location may therefore raise different issues depending on what actually occurs.
Parked Cars and Places Exposed to Public View
Consider two very different situations.
A couple kissing in a parked car does not, by that fact alone, satisfy California’s lewd-conduct law.
By contrast, if conduct inside the vehicle involves the type of sexual touching described by § 647(a), occurs where the conduct is exposed to public view, and the remaining elements are satisfied, the analysis may be different.
A parking lot can also present different factual circumstances depending on whether it is open to the public, where the vehicle is located, whether other people are present, and what conduct can actually be observed.
Visibility Alone Does Not Make Kissing Illegal
One common misconception is that conduct becomes illegal as soon as someone can see through the car window.
That is too broad.
Visibility can matter to the location and observer elements of § 647(a), but visibility does not replace the requirement for qualifying conduct and intent. California’s jury instruction still requires the prosecution to establish each element of the offense.
So:
Visible kissing is not automatically lewd conduct.
And:
Being inside a car does not automatically make otherwise unlawful public sexual conduct private.
Both ideas can be true at the same time.
What Is the Difference Between Lewd Conduct and Indecent Exposure?
People often use terms such as “public indecency,” “lewd conduct,” and “indecent exposure” interchangeably. Under California law, they should not be treated as the same thing.
Lewd Conduct Under Penal Code § 647(a)
Section 647(a) concerns lewd or dissolute conduct in a public place, a place open to the public, or a place exposed to public view.
As explained above, California courts and CALCRIM No. 1161 impose specific requirements involving sexual touching, intent, location, the presence of another person who might be offended, and knowledge of that person’s presence.
Nudity is not required for a § 647(a) violation.
Indecent Exposure Under Penal Code § 314
California Penal Code § 314 addresses a different type of conduct. Among other things, it prohibits a person from willfully and lewdly exposing their person or private parts in a public place or where other people are present to be offended or annoyed.
The word “lewdly” matters.
In In re Smith, 7 Cal.3d 362 (1972), the California Supreme Court explained that mere nudity is not enough by itself. A § 314 conviction requires the required sexual motivation, including an intent to direct public attention to the genitals for sexual arousal, gratification, or sexual affront.
California courts have also distinguished exposure of the genitals from exposure of other parts of the body. In People v. Massicot, the Court of Appeal explained that § 314’s exposure requirement concerns exposure of the body as a whole or the genitals, rather than treating any exposed body part as indecent exposure.
The practical distinction is important:
| Conduct | General California Legal Issue |
|---|---|
| Holding hands or hugging | Generally not prohibited as PDA |
| Ordinary kissing | Generally not prohibited by § 647(a) |
| Ordinary making out without qualifying sexual touching | Not automatically lewd conduct |
| Qualifying sexual touching in public | May implicate § 647(a) if all required elements are present |
| Willful and lewd exposure of private parts | May implicate § 314 |
| Conduct inside a visible vehicle | Depends on the actual conduct, location, visibility, intent, and surrounding circumstances |
A specific incident may involve additional laws not addressed here, particularly when conduct is nonconsensual, involves a minor, occurs on property where the person has no right to remain, or presents other circumstances outside ordinary consensual PDA.
What Are the Possible Consequences if Conduct Crosses the Legal Line?
The consequences depend on the particular offense and facts.
Penal Code § 647(a)
A violation of Penal Code § 647(a) is classified as a misdemeanor. When California law does not prescribe a different misdemeanor punishment, Penal Code § 19 generally permits up to six months in county jail, a fine of up to $1,000, or both.
The actual outcome of any case can depend on the charge, evidence, criminal history, available defenses, plea negotiations, sentencing rules, and other circumstances.
Penal Code § 314
A first violation of Penal Code § 314 is generally a misdemeanor. The statute provides for more serious consequences in certain circumstances, including specified repeat convictions and conduct following entry into an inhabited dwelling without consent.
There is another important distinction.
Convictions under subdivisions 1 or 2 of Penal Code § 314 are specifically included in California’s Sex Offender Registration Act. Under the current tiered system, a registrable misdemeanor generally falls within tier one, which carries a minimum 10-year registration period, subject to the Act’s detailed requirements and termination provisions.
Penal Code § 647(a) itself is not one of the offenses specifically listed in § 290(c). However, Penal Code § 290.006 permits a court to order registration for an otherwise nonlisted offense when the court makes the required findings that the offense resulted from sexual compulsion or was committed for purposes of sexual gratification.
Because the consequences differ substantially, “lewd conduct” and “indecent exposure” should not be treated as interchangeable charges.
Common Examples: What Is Usually Legal and What May Create Legal Risk?
Two adults kiss while walking through a public park
Ordinary consensual kissing is generally not prohibited by Penal Code § 647(a). Kissing itself does not establish the sexual touching required by CALCRIM No. 1161.
A couple makes out in a parked car
Making out inside a vehicle is not automatically illegal. The legal analysis depends on what occurs, whether the location is public or exposed to public view, whether another person who might be offended is present, and whether the conduct satisfies the other elements of § 647(a).
Someone can see a couple kissing through a car window
Visibility alone does not turn kissing into a § 647(a) offense. The prosecution would still need to prove the conduct and intent required by the statute and California case law.
Public affection includes sexual touching
The analysis may change if the conduct involves the specific touching covered by California’s lewd-conduct law and the other statutory elements are present.
Someone exposes their genitals
That can raise a separate issue under Penal Code § 314 if the exposure is willful and lewd and the other requirements of the statute are satisfied. Mere nudity, without the required sexual intent, does not necessarily establish indecent exposure.
Frequently Asked Questions
Is PDA illegal in California?
Ordinary public displays of affection such as holding hands, hugging, and kissing are generally not illegal under California’s lewd-conduct law. More explicit conduct may raise legal issues if it satisfies the specific elements of Penal Code § 647(a) or another statute.
Is kissing in public illegal in California?
No California statute generally prohibits ordinary consensual kissing simply because it occurs in public. Kissing can occur alongside other conduct that creates a separate legal issue, but kissing itself does not automatically constitute lewd conduct under § 647(a).
Is making out in a parked car illegal?
Not automatically. Ordinary kissing or making out inside a parked vehicle is not itself enough to establish a violation of § 647(a). Conduct inside a car may still be subject to the law if the vehicle is in a place open to or exposed to public view and the remaining elements of an offense are present.
Can police arrest you for making out in a car?
The answer depends on what an officer observes and the surrounding circumstances. Ordinary kissing by itself does not satisfy all of the elements California requires for lewd conduct under § 647(a). If someone is actually cited, arrested, or investigated for alleged criminal conduct, a California criminal-defense attorney can evaluate the specific facts.
Is public indecency the same as indecent exposure?
Not necessarily. “Public indecency” is often used as a general phrase, but California law addresses particular conduct through specific statutes. Penal Code § 647(a) concerns lewd conduct in public, while Penal Code § 314 addresses indecent exposure. Each has different elements.
Does being in a car make sexual conduct private?
Not automatically. Penal Code § 647(a) can apply to conduct in a place exposed to public view. At the same time, visibility alone is not enough to establish the offense. The nature of the conduct and the remaining statutory elements still matter.
The Bottom Line
Making out, kissing, and ordinary PDA in public are generally not illegal in California simply because other people can see them.
California Penal Code § 647(a) is more specific. Under California Supreme Court authority and the state’s criminal jury instructions, lewd conduct requires qualifying sexual touching, the required intent, a qualifying public setting, the presence of another person who might be offended, and knowledge or reasonable knowledge that such a person is present.
Indecent exposure under Penal Code § 314 is a separate offense involving willful and lewd exposure and should not be confused with ordinary kissing or making out.
This article provides general information about California law and is not individualized legal advice. If you are facing a criminal investigation, citation, or charge involving §§ 647(a) or 314, consider speaking with a qualified California criminal-defense attorney.
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