He should have just said he had a headache.

Police in Norfolk, Virginia, were quickly given a heads up when they spotted a woman trying to have sex with a man who was clearly unconscious.
The woman, 36-year-old Kimberly Jackson, was arrested and later charged with being drunk in public when police caught her on top of the man in a parking lot of a shopping center. It was later revealed that the man was actually her boyfriend, Earl Palmer.

Earl says he had passed out from drinking.
“I’m here trying to clear her name and let them know I consented to that, I just didn’t finish the job as you could say,” Earl says.
He consented to having sex in a parking lot in broad daylight…
They should have just stocked up on graphic tees at T.J. Maxx if they were already at the shopping center.
Look at this lovely couple:

And check out the couple speaking about the incident below:
Via The Sun
Chipotle made them hot: Delaware Couple Busted Having Sex On A Chipotle Rooftop