Is Sex In a Parked Car (In a Gas Station Driveway) Legal ?
In McCrary v. State, 131 Tex. Crim. 233, 97 S.W.2d 236 (1936), the automobile was parked at 2:00 a.m. in the driveway of a small filling station located on the outskirts of the village of Anna.
The station owner also used the station as his residence.
Between the filling station driveway and the highway were two brick posts and two gasoline pumps that obstructed the view from the highway.
The night was dark, and the lights were out.
No cars passed along the highway at that time.
A local marshall came up the driveway, saw the car shaking, and heard grunting.
When he reached the car, he shined his flashlight inside and discovered the station owner and a woman engaged in sexual intercourse. McCrary, 97 S.W.2d at 237.
The court of criminal appeals held that the couple's conduct was not an offense against the public peace, because it did not occur in a public place. Id. at 238.