A couple caught having sex on the sand of Bradenton Beach was charged with two counts of lewd and lascivious behavior for having sex in public. The conviction carries a maximum prison sentence of 15 years. The couple will have to register as sex offenders.
Couple guilty of having sex in public
Jose Caballero, 40, and Elissa Alvarez, 20, were filmed having sex on the beach on July 20, 2014, the Miami Herald reported. The video was played in court during trial. It shows Alvarez moving on top of Caballero in broad daylight while there are other tourists in the beach. The couple is also seen by a three-year-old girl.
Defense lawyer and relatives of the couple reacted on the sentencing, saying it was too harsh for the nature of the crime the two committed. They argue that the video did not prove there was penetration. The couple could just be cuddling, the lawyer said.
Assistant State Attorney Anthony Dafonseca argued that the case was a significant reminder to the community and tourists that such lewd behavior will not be tolerated on Florida’s public beaches.
“We’re dealing with basically tourists, that came from Brandon and Riverview and West Virginia, and they’re here on the beaches of Manatee County, our public beaches. So you want to make sure that this isn’t something that just goes by the wayside. And that it is well known to the community, what will be tolerated and what won’t be,” Dafonseca said.
State Attorney Ed Brodsky said the couple was not discreet; they did not even try to do the act underwater.
“Did Ms. Alvarez try to drape a towel over herself, or anything? They didn’t care,” Brodsky said.
The sentencing date was yet to be announced but the State Attorney’s office say it will implement a harsher sentence for Caballero. The court said that Caballero had only been out from prison three years before the incident on July 20. Alvarez, on the other hand, has no criminal record. The state will ask jail time for Alvarez and prison time for Caballero.
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