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NM Cop's Sex on Car Hood Not a Crime, Police Say

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By Cynthia Hsu, Esq. on September 01, 2011 3:49 PM

A New Mexico cop who had sex on his car hood in public will not be facing any criminal charges. Police officials have not officially released the name of the officer, but KRQE-TV is reporting that the officer is Bert Lopez, an 8-year veteran of the state police force.

The officer in question may not be facing criminal charges, but he has been facing a volley of criticism and jokes.

The officer was seen having sex with an unidentified woman in uniform on the hood of a car, KRQE-TV reports. The photos of him in the act (and with a small dog watching) have been all over the Internet this week. The incident was discovered on an anti-graffiti security camera tape at Canyon Ranch, owned by Santa Fe County.

The tape was sent to state police who internally investigated the incident.

No charges will result partially because no one was around to witness sexual activity, according to KRQE-TV. Never mind that the officer (no confirmation on it being Bert Lopez) was in uniform and possibly on duty.

Usually, if a citizen engages in sex in public they can be criminally charged under indecent exposure or public lewdness statutes.

These statutes may vary from state to state, but generally make it illegal for people to expose their genitalia in public.

And, public lewdness statutes often make it illegal for couples to engage in sexual intercourse in public.

The uniformed cop in this situation certainly was doing something relatively indecent. But, the only witness to the incident seems to be the security footage (and the small dog). 

So, while the New Mexico cop was having sex on the hood of a car in a park, maybe it wasn't so "public" after all. But, others may not be so lucky, so don't try following in Bert Lopez's (alleged) footsteps.

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