driving
Is receiving intimate stimulation while driving illegal?
<p>I feel as though I've seen this scene in movies or tv shows more than once: Someone is driving along, seemingly enjoying themselves. They get pulled over by the cops and then another person's head rises up from where it was hidden from the camera - in their lap. *Cue <strong>now you're in trouble</strong> sound effects...</p>

<p>It's pretty obvious to me why this is a dangerous practice, but I'm interested to know what law explicitly prohibits it. </p>

<p>I'm <em>most</em> interested in Australian law, as that's where I live, but almost as interested in US, Canadian or UK law, as these are often the setting of such movies. </p>

<blockquote>
  <p>Is receiving intimate stimulation while driving illegal?</p>
</blockquote>

<p>Under Michigan law, it seems illegal. What you describe is one particular case of a general family of scenarios where <em>recklessness</em> or <em>negligence</em> are elements of a driver-related offense. Thus, it would be inefficient and redundant to enact a statute to prohibit that specific hypothetical situation.</p>

<p><a href="http://www.legislature.mi.gov/(S(iiitl1a5lur3lszhj1frmyyz))/mileg.aspx?page=getObject&amp;objectName=mcl-257-626" rel="nofollow noreferrer">MCL 257.626(2)</a> sanctions the operation of a vehicle <em>in willful or wanton disregard for the safety of persons or property</em>, and as you mention </p>

<blockquote>
  <p>It's pretty obvious to me why this is a dangerous practice</p>
</blockquote>

<p><a href="http://www.legislature.mi.gov/(S(iiitl1a5lur3lszhj1frmyyz))/mileg.aspx?page=getObject&amp;objectName=mcl-257-626b" rel="nofollow noreferrer">MCL 257.626b</a> sanctions the operation of a vehicle <em>in a careless or negligent manner likely to endanger any person or property, but without wantonness or recklessness</em>.</p>

<p>A prosecutor might try to file charges also on the basis of <a href="http://www.legislature.mi.gov/(S(iiitl1a5lur3lszhj1frmyyz))/mileg.aspx?page=getobject&amp;objectname=mcl-750-335" rel="nofollow noreferrer">MCL 750.335</a>, which sanctions "<em>open and gross lewdness and lascivious behavior</em>". </p>

<p>Well, this kind of situation is generally approached in a very broad way. After all, for the practical result it does not make much difference if the driver is distracted by intimate stimulation or by reading a book, and the legislators do not usually want to make a full list of all possible distractions<sup>1</sup>.</p>

<p>So, for example, the <a href="http://www.legislation.vic.gov.au/domino/Web_Notes/LDMS/LTObject_Store/ltobjst10.nsf/DDE300B846EED9C7CA257616000A3571/71D7DDDA3751F1DECA2582C00001DB7F/$FILE/86-127aa185%20authorised.pdf" rel="nofollow noreferrer">Victoria Road Safety Act 1986</a> states (page 96):</p>

<blockquote>
  <p>17A Obligations of road users<br>
  (1) A person who drives a motor vehicle on a
  highway must drive in a safe manner having
  regard to all the relevant factors.<br>
  [..]<br>
  (2A) For the purposes of subsections (1) and (2) and
  without limiting their generality, the relevant
  factors include the following—<br>
  [..]<br>
  (g) the physical and mental condition of the
  driver or road user.<br>
  (3) A road user must—<br>
  (a) take reasonable care to avoid any conduct
  that may endanger the safety or welfare of
  other road users;<br>
  (b) take reasonable care to avoid any conduct
  that may damage road infrastructure and
  non-road infrastructure on the road reserve;<br>
  (c) take reasonable care to avoid conduct that
  may harm the environment of the road
  reserve.</p>
</blockquote>

<p>Apart from that, and depending of the situation, there is the possibility of being subject to anti-indecency laws if the act can be observed from outsiders (e.g. you are riding in a motorcicle).</p>

<hr/>

<p><sup>1</sup>If you have a very specific list, then other activities that are equally dangerous but that are not in the list are not illegal.</p>

<p>That does not prevent that sometimes the laws mention certain practices separatedly because:</p>

<ul>
<li><p>They want some specific behavior to be punished differently (e.g. driving while drunk).</p></li>
<li><p>They want to make clear that an specific behavior is illegal (e.g. using the phone while driving is illegal even if you claim that it does not impair your driving).</p></li>
</ul>
