Jose Caballero and Elissa Alvarez, who were convicted in May of two counts of lewd and lascivious behavior, have been sentenced this week.
The two got 2.5 years of prison time each for their behavior.
The couple was caught and filmed while having sex on a public Bradenton, Florida beach. Witnesses testified that the couple did the deed right in front of several families. A 3-year-old girl was right in the vicinity, and saw what happened.
Caballero maintained that he and Alvarez did not have sex, and that witnesses saw Alvarez dancing on top of Caballero and misinterpreted it; however, a graphic video of Alvarez on top of Caballero, appearing to have sex during the middle of the day, was apparently more convincing. Witnesses reportedly gave graphic testimony that corroborated the video.
While the judge only sentenced 21-year-old Alvarez to time served, 40-year-old Caballero did not get off so easily. Since he previously served eight years in prison for cocaine trafficking, he faced up to a 15-year sentence.
Both Alvarez and Caballero will now have to register as sex offenders, reports CTV News.
Prosecutors previously offered the two defendants a plea deal, where they would serve time in prison but would not have to register as sex offenders. Caballero was originally offered the two-and-a-half year prison sentence, but both elected to fight it and ultimately got a similar sentence with the sex offender requirement tacked on.
“He was very unfairly trialed, actually,” Caballero’s mother told Fox 13 as she left the courthouse. “He’s not guilty. They never did [have sex]. That’s why they took it to trial.”
Caballero’s attorney, Ron Kurpiers, told media that they plan to appeal the verdict.
“I think the lewd and lascivious statute is applicable to somebody that has done much more than he did and I don’t believe that his sex offender designation is applicable to what he’s charged with, what he’s convicted of,” Kurpiers said.
Prosecutors on the other hand, want to see them sentenced strictly, as an example to other tourists and locals that decide to engage in lewd behavior at the beach.