Libertinage and French law: public exhibition, consent and intimate images

In France, libertinage between consenting adults is not an offence in itself. But several provisions of the Penal Code apply to what surrounds it: what happens in view of the public, how consent is defined, and the use of images. This page gathers pointers from official texts read on 7 November 2026 (Légifrance). It is informational only: it is not legal advice, and only a lawyer can assess a specific situation.

Sexual exhibition: where it happens matters

Article 222-32 of the Penal Code, as amended by the law of 21 April 2021, punishes "sexual exhibition imposed on the view of others in a place accessible to the public's gaze" with one year's imprisonment and a €15,000 fine. The text adds that, even without exposure of a naked body part, exhibition is established if the explicit performance of a sexual act, real or simulated, is imposed on the view of others in such a place. Where the victim is under fifteen, the penalties rise to two years and €30,000.

Three expressions matter:

• "imposed": the offence concerns what is suffered by someone who did not choose to see it;
• "on the view of others";
• "a place accessible to the public's gaze": a beach, a street, a car park or a motorway rest area may qualify, even at night.

In practice, take particular care in cars, on public roads, in natural areas or near busy places, even if you feel you are among like-minded people. Clearly private spaces that participants have chosen to be in follow a different logic, but the precise status of any given place is a question of fact we do not settle here. Nudity in itself, for instance on a regulated naturist beach, is not the same as sexual exhibition: always follow the rules of the place (see our page on preparing a Cap d'Agde trip).

Consent since the November 2025 law

Law no. 2025-1057 of 6 November 2025 changed the criminal definition of rape and sexual assault. Under article 222-22 of the Penal Code, in force since 8 November 2025, sexual assault is a non-consented sexual act. Consent is described as free and informed, specific, prior and revocable; it is assessed in light of the circumstances and cannot be inferred from the victim's silence or lack of reaction alone. There is no consent where the act is committed with violence, constraint, threat or surprise. These rules apply whatever the relationship between the people, including marriage.

For a lifestyle couple, this has very concrete consequences:

• Prior and specific: a "yes" to one thing is not a "yes" to everything. What was agreed with one person does not apply to another or to another moment.
• Revocable: anyone can stop at any time, even after starting, and that must be respected immediately.
• No default consent: silence, awkwardness or no reaction is not agreement. Ask, and accept a "no" without negotiating.
• Impaired judgement: alcohol and other substances complicate any assessment of consent; if in doubt, stop.

Practical pointers for talking about limits before an evening are in our guide Consent, boundaries and signals.

Intimate images and privacy

French law protects privacy and the right to one's image. The legal sources we consulted indicate that sharing a sexual image or video of someone without their consent is punishable by two years' imprisonment and a €60,000 fine (article 226-2-1), including where the image was taken or sent with consent. In other words: agreeing to a photo being taken is not agreeing to it being shared. Please check the text in force on Légifrance, as these provisions are amended regularly.

In practice:

• never photograph or film anyone without explicit consent for that specific use;
• never publish anything that could identify a third party (face, tattoo, place, username);
• if an intimate image of you is circulating without your consent, keep evidence (dated screenshots, links) and seek advice from the police, the gendarmerie or a victim-support association.

What this page does not cover

We do not assess the legal position of any particular venue or the terms of its licence. The provisions cited may change. If you organise a party or run a venue, consult a lawyer.

Key takeaways

1. Outside a clearly private, chosen space, avoid any visible sexual act: article 222-32 targets places accessible to the public's gaze.
2. Consent must be free, informed, specific, prior and revocable, written into the Penal Code itself since 8 November 2025.
3. No images of others without explicit consent, and no sharing without consent: it is both etiquette and a criminal matter.
4. When in doubt, hold back and seek professional advice.

Sources: Légifrance, Code pénal, articles 222-22 and 222-32 (read on 7 November 2026); Law no. 2025-1057 of 6 November 2025; legal commentary on article 226-2-1, to be confirmed on Légifrance.