Man In Florida Sentenced to 30 Months In Prison For Having Sex On The Beach

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Sex on the beach is one of those things that sounds great in theory but always ends up disappointing — like the McDonald’s McRib. It’s extra disappointing if you’re 40-year-old Jose Caballero and 20-year-old Elissa Alvarez, who were caught having passionate sex on the beach on a Sunday afternoon in Bradenton Beach, Florida.

They were arrested last July for “felony lewd and lascivious exhibition” after getting it on “in front of numerous individuals, including a four-year-old girl and a witness who recorded the sandy tryst with a camera phone.” They were doing it in broad daylight, in-front of a crowd. How passionate!

Back in May, our token Sunshine State blogger Cass noted that the prosecution was asking a maximum 15-years for Caballero, who previously did an eight-year stint in the clink for cocaine trafficking. He wrote this at the time, before the conviction, speculating that the state attorney was throwing the book as a reminder that Florida’s beaches aren’t a place for sexy time:

Early on the couple was reportedly offered a plea deal: Caballero would spend 2.5 years in prison, but not be forced to register as a sex offender, Alvarez would plea out getting probation, a misdemeanor, and have to give a statement about what happened. Presumably they passed on the plea because it meant 2.5-years in prison for this guy, all for having sex on a beach. Now they’re facing maximum sentences because the state has a hard-on for these two.

Some news outlets are claiming that Caballero is facing, and will likely be serving the maximum 15-years in prison, while others state that Assistant State Attorney Anthony Dafonseca will be pushing for a sentence greater than the 2.5 (and later 3) year plea deal that Caballero was offered, so somewhere in the 5-year range presumably, but not necessarily 15-years. As there are conflicting reports I’m not sure where he’ll end up, but I know this: all of this is absolute insanity. You don’t put a person in prison for 15-years just for having sex on the beach, AND name them as a sex offender.

Sentences like that are for manslaughter, sexual assault (2nd Degree), burglary, etc….Actually, those crimes only carry sentences of 10 years, not 15.

Today we have a conviction: Caballero will serve 2 1/2 years — or 30 months — in prison and will have to register as a sex offender, according to the Bradenton Herald. Elissa Alvarez, his 20-year-old sex on the beach partner, was found guilty in May and sentenced on time served. She will also have to register as a sex offender. She reportedly filed an appeal in June. Via:

“We have a 20-year-old young lady who made some poor choices and the consequences, which she never, ever intended; she never intended for this to hurt anybody, for any children to be involved — and now she has to live with this the rest of her life,” [her attorney Greg] Hagopian said outside the courthouse. “She’s been designated a sex offender so for the rest of her life, as it stands now, she has to report and be treated as a child molester.”

Alvarez, in custody since being found guilty May 4, was returned to Manatee County jail, from where she was later released.

Despite the conviction, the couple is reportedly still together.


You can watch a censored video of said sex on the beach incident right here.

[H/T: Gawker]