A Florida man's beach sex has earned him prison time and a sex offender status.
Jose Caballero, 40, was arrested in Bradenton Beach in west-central Florida last July after several bystanders started complaining that he and his girlfriend Elissa Alvarez, 21, were starting to have sexual intercourse during the middle of the day on the beach.
A 4-year-old and 2-year-old were present at the time of the incident and witnessed the inappropriate behavior. Their great-grandmother caught the incident on video and later turned the footage over to the police.
Assistant state attorney Anthony Dafonseca said the child's grandmother, April Champ, asked Jose to stop to which he responded in a confrontational manner, which was factored into his sentencing.
"(Caballero) seemed angry based on his body language," Champ said.
"His judgement was pretty poor," Dafonseca said, according to The Guardian. "If you think about 2:30 in the afternoon on a crowded beach. It takes a certain type of person to do that in front of children a few feet away."
In May, Caballero and Alvarez were convicted by a jury of two counts each of lewd and lascivious behavior, according to the Washington Post. Prior to their conviction, the April and the children's great-grandmother, Victoria Champ, testified against the couple in court.
"I couldn't believe it," April said. "I was like, 'What?'"
While she didn't actually see their genitals or witness penetration, she said the couple were moving as though they were having sex, the Miami Herald reports.
"[The child] wanted me to explain what they were doing," Champ said. "I redirected her and we looked at seashells."
April said the couple stopped after she confronted them, but later that evening they started doing "it" again.
"They were touching each other and kissing, so with that I just took the kids and walked to the pier," Champ said.
The police were contacted, and according to Champ, Caballero was laughing as he and Alvarez were handcuffed and placed into the police car.
During the trial, Jose said Elissa was simply dancing on top of him. However, several other witnesses came forward, sharing the same story as April and Victoria. Victoria's video evidence, which has since gone viral, also served as a major insight into what happened that day.
However, the Caballero's defense attorney, Ronald Kurpiers, argued that the witnesses couldn't have known what was going on if they didn't actually see the penetration or the couple's genitals.
"I submit that after watching the video today, you guys won't know what happened," Kurpiers told the jury.
"She wasn't dancing," Dafonseca said "It's insulting your intelligence to say that she was dancing."
"I'm not going to tell you how exactly sexual intercourse goes but as far as how she was moving and as far as what the witnesses described, there is no need to be moving your bathing suit aside," he added. "So all the circumstances fell together just right and I don't think the jury had any doubt that that was sexual intercourse either."
On Monday, a Florida judge sentenced Caballero to 30 months in prison. In addition to his prison term, Jose will also have to register as a sex offender for having sex on the beach in front of children on July 20, 2014. Caballero previously served an eight year prison sentence for cocaine trafficking.
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[Photo via YouTube]