Public Sex Allowed in Walmart in Indiana

As one can read in this Indiana law, it allows it’s residents/occupants to have sex and publically fondle each other as long the act is not viewed by people (either occupants or invitees) of the public place. As long as no passerbys can see the sexual acts from outside the store, it’s allowed!

IC 35-45-4
Chapter 4. Indecent Acts and Prostitution

 

IC 35-45-4-1
Sec. 1.

(a) A person who knowingly or intentionally, in a public place:

(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct;
(3) appears in a state of nudity; or
(4) fondles the person’s genitals or the genitals of another person; commits public indecency, a Class A misdemeanor. However, the offense is a Class D felony if the person commits the offense by appearing in the state of nudity with the intent to arouse the sexual desires of the person or another person in or on a public place where a child less than sixteen (16) years of age is present.

(b) “Nudity” means the showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of covered male genitals in a discernibly turgid state.

(c) A person who, in a place other than a public place, with the intent to be seen by persons other than invitees and occupants of that place:

(1) engages in sexual intercourse;
(2) engages in deviate sexual conduct; or
(3) fondles the person’s genitals or the genitals of another person; where the person can be seen by persons other than invitees and occupants of that place commits indecent exposure, a Class C misdemeanor.

As added by Acts 1976, P.L.148, SEC.5. Amended by Acts 1977, P.L.340, SEC.76; P.L.189-1984, SEC.1; P.L.215-1997, SEC.1.

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    Filed in: Indiana


    • The use of public ? Walmart is not public property, like any other business, it is private property. I know that anytime “the law” wants to say what ever they want but if priviate property and public property are two different things any place owned by a private person/ corp. etc. isn’t public property even if it is “open” to the public it isn’t public property. The only part of any property not owned by business is the fire lane – that area is owned by the city/ county etc. Just don’t get funky in the fire lane. Other wise your on private property. Of course the business / rep. of business can disallow sex or what ever they choose on their property.

      [Reply]

      Richard

      July 19, 2012

    • Agreed. Now, let’s say two consenting adults wanted to have sex at WalMart. In the Family Restroom, normally located in the back of the store (at the Layaway or Special Services counter near Electronics), it’s perfectly legal IF the door is locked and no one can enter the bathroom, since the expectation of privacy is reasonable. Two or more members of opposite gender (or even same gender) entering the same unisex restroom is not uncommon, especially if one is disabled.

      [Reply]

      Mobilmedic

      February 9, 2011

    • According to that law, it is ILLEGAL to have sex or fondle people IN a public place…such as walmart. Weather people can see you or not.
      The second part of the code states that it is also illegal to do the same thing in a non-public place( as in your front yard.) with the intention of trying to arrouse others.

      [Reply]

      NickyLynn

      May 18, 2009

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