Keep your hands on the wheel and off your passenger, warns lawyer

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It’s Valentine’s Day today, a day for people to express their love for their partners. But one lawyer has warned that more – ahem – physical expressions of love are best kept for the home, not the car.

“Having sex in a parked car can result in being charged with an offence of obscene exposure if it is within view from a public place,” warns Avinash Singh of Astor Legal.

“This means that the offence extends to not just sex in a car, but can also capture having sex in your home if you can be seen through a window, or on a balcony.”

Even if you’re having a sneaky kiss in the car, be careful this doesn’t prove dangerously distracting.

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“PDA-related distractions can contribute to liability in an accident. If a person is distracted by their partner while driving and this contributes to the accident, they can be held responsible for the accident,” said Mr Singh.

While he says minor PDA-related traffic offences are rarely enforced – the police are unlikely to pull you over for giving your partner a peck on the cheek at a red light – any distraction that leads to actual harm could result in severe penalties.

Under Regulation 297 of the Road Rules 2014, it’s an offence to not have proper control of a vehicle at all times, and the maximum penalty for this offence is a fine of $2200.

Hit someone with your car while distracted by your partner, and Mr Singh warns you could face a maximum penalty of two years’ imprisonment under the Crimes Act 1900, or up to seven years if this results in grievous bodily harm.

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And even if you do pull over for some sexy shenanigans, be careful you’re not visible to the public. Penalties vary depending on the jurisdiction, so here’s a breakdown:

State/territory Offence Maximum penalty
NSW Obscene exposure $1100 fine or 6 months’ imprisonment
QLD Wilful exposure $330 fine
VIC Offensive conduct 2 years’ imprisonment
SA Indecent exposure, gross indecency $1250 fine or 3 months’ imprisonment
WA Obscene act in public 3 years’ imprisonment
TAS Obscene exposure $2050 fine or 12 months’ imprisonment
ACT Obscene exposure $3200 fine or 12 months’ imprisonment
NT Obscene exposure $2000 fine or 6 months’ imprisonment

So, this Valentine’s Day, keep it G-rated on the roads and save the romance for your home or hotel room.

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