Short answer: Depends where the car is located. If in a public place, illegal; private place, legal.

In California, the crime of lewd conduct, Penal Code 647(a), occurs when the alleged "lewd conduct" occurs in a place opem to the public or and whether it is in a place open to the public or a place in public view.

Having sex in your car (or someone else's) in a public parking lot is therefore a crime, as is having sex in a car in your own, private driveway -- if that driveway is open to public view.

The "grey area" is having sex in a car in a secluded area. There are cases that can be argued either way on that issue. But this argument would occur only after your encounter with --- and almost certain arrest by -- law enforcement. Their argument, essentially: If I caught them having sex in a car, how private a place could it have been? I have seen cases go both ways, depending on the particular facts and judge. So this is only really a back up position, not a premeditated course of action.

In summary, if you are observed in a car with your top down under a street light on a public street, you will be arrested (and most likely convicted!); if you are in your car in your garage, you should be fine. But that kind of begs the question.

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