To play devil's advocate here, in the City and County of San Francisco, it was decided in the courts that if a bathroom stall had doors and walls that went floor to ceiling, that a person or persons inside would have a resonable expectation of privacy. I blew an off-duty police officer, who informed me of this ruling prior to our having sex. [Admittedly he was not in uniform at the time]. So, on the basis of that, it would seem to me that had "the act of voluntary sex" not been observed, it might not have been considered a "terminable offense".