Michigan criminal defense attorney

Sex on a Plane: Legal or Illegal?

Sex on a Plane: Legal or Illegal?

Two Delta Air Line’s passengers were served citations by the FBI for allegedly having sex on the plane. The unidentified couple was on a Delta flight headed to Detroit from Los Angeles on October 29, 2017.

An alleged intoxicated 48-year-old woman was discovered performing oral sex on a 28-year-old man she had just met in their passenger seats.

The case was turned over to the FBI for investigation. The FBI issued the couple citations for lewd and lascivious behavior and for disorderly conduct according to the Detroit Free Press.

What do you do when you hear about something like this?

Feel a bit queasy? Wonder what kind of trouble those two are in now?

This raises a good point for anyone who has ever wondered about joining the “Mile High Club.” For anyone who doesn’t know what that is, it’s having sex on an airplane mid-flight, hence, the term, “mile high.”

Thrill seekers may have thought about trying this, or even tried it. A good question to ask, however, is whether it’s legal behavior or not.

Peter Henning is a former federal prosecutor and Wayne State University law professor. He said he doubted the couple would face any criminal charges. In addition, according to the Detroit Free Press’ report, Henning stated:

“It’s going to be very hard to find that this is criminal conduct under the federal code because it’s not a threat to the safety of the airline, or other passengers.”

Are There Consequences for Sex on a Plane?

The couples’ possible consequences are reported as having to pay fines of up to $800 or more. Additionally, it appears that Delta Air Lines, Inc. may have put the couple on a no-fly list. When the woman tried to re-book a flight to her final destination, she was denied by Delta.

Indecent Exposure in Michigan

You may be asking yourself why this Delta Air Line’s incident is not considered indecent exposure.

No one is going to question whether having sex out in the open at a shopping mall is legal – it’s not. You would most definitely get arrested for indecent exposure.

In the State of Michigan, it is unlawful for a person to knowingly make any open or indecent exposure of themselves to another person.

Penalties for Indecent Exposure in Michigan

According to The Michigan Penal Code Act 328 of 1931 (excerpt) Section 750.335a.:

  • The person is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00, or both.
  • If the person was fondling his or her genitals, pubic area, buttocks, or, if the person is female, breasts, while violating subsection (1), the person is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.
  • If the person was at the time of the violation a sexually delinquent person, the violation is punishable by imprisonment for an indeterminate term, the minimum of which is 1 day and the maximum of which is life.

It is important to note that the State of Michigan does not consider a mother breastfeeding her child.

Lewd and Lascivious Cohabitation and Gross Lewdness in Michigan

The State of Michigan prohibits certain types of consensual sexual activity. According to The Michigan Penal Code Act 328 of 1931 (excerpt) Section 750.335:

“Any man or woman, not being married to each other, who lewdly and lasciviously associates and cohabits together, and any man or woman, married or unmarried, who is guilty of open and gross lewdness and lascivious behavior, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, or a fine of not more than $1,000.00. No prosecution shall be commenced under this section after 1 year from the time of committing the offense.”

Takeaway

The Delta Air Line couple may have been charged differently if they were not on a flight. However, being charged with indecent exposure, lewd and lascivious behavior or disorderly conduct are serious charges. Not only is your reputation at stake, you could be facing penalties. If you are or someone you know is facing charges, it is critical that an experienced attorney is consulted.

Please contact The David J. Kramer Law Firm, PLLC today.

Call today

 

This article was published on: November 8, 2017 and was last modified November 8, 2017

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