The actual height of the aircraft at the time the act takes place is not relevant; sexual activity in a plane flying 10 feet off the ground would still qualify.
Some also theorize that people who engage in the act have had personal fantasies about pilots, flight attendants, or other aircraft crew, or a fetish about planes themselves, a type of mechanophilia.
If British law applied, for example, it may constitute sex in a lavatory to which the public has access, contrary to Sexual Offences Act 2003 s.71, with a maximum 6-month term of imprisonment.
Also, for international flights, the law could vary depending on departure and destination cities and the nation of the carrier airline,[21] as well as the country of registration of the aircraft, and possibly the citizenship of the people involved.
Starting in 2014, a North Las Vegas Airport-based charter company called Love Cloud began operating flights specifically for the purpose using a pair of Cessna 414 aircraft.