Florida Man: Beach Sex Lands 40-Year-Old Man Behind Bars, Has To Register As A Sex Offender [Video]

A Florida man who was convicted of performing sexual acts with his partner on a beach was sentenced Monday to 2.5 years in prison, local media outlets reported. José Caballero, 40, and Elissa Alvarez, 21, could not postpone their sexual desires and decided to unleash their ardor on a Florida beach in front of families with children in broad daylight.

The Bradenton Herald reports that the incident happened on July 20, 2014, and Caballero was convicted in May of having sex on Bradenton Beach. On Monday, the Florida man learned his fate and he will spend the next 2.5 years behind bars.

Caballero and his partner were convicted last May of two counts each of lewd and lascivious behavior after being videotaped while having sex on the beach. Speaking with reporters, assistant state attorney Anthony Dafonseca gave the following statement regarding the case.

“Our office had discretion, and we felt that 2 1/2 years was something that not only held him accountable but also reflected his past history, as well.”

The couple faced a sentence of up to 15 years in prison, but the state prosecution ruled that that penalty “was not a reasonable decision.” Ronald Kurpiers, Caballero’s defense attorney, said that although he felt 2.5 years was too long of a sentence, he didn’t protest it because otherwise the prosecution could reinstate the 15-year sentence.

“Do I believe, personally, that 2 1/2 years is something that he should have to do? The answer is no,” Kurpiers expressed. “But I was caught between a rock and a hard place.”

In his defense, Caballero explained to the jury that he and his partner were not having sex and that witnesses were wrong. However, at the sentencing hearing, a video was displayed in which Alvarez was seen moving on top of Caballero in a sexual manner, the Orlando Sentinel reports.

Kurpiers, who said that never before in his career had he faced a similar case, feared the maximum penalty for Caballero, who had already been imprisoned on drug charges in the past.

“We are grateful that the state has offered 2 1/2 years,” said Kurpiers. The lawyer also said that Caballero plans to appeal his case. For her part, Alvarez was recently convicted and she received time served, although she filed an appeal in her case last June. Both Caballero and Alvarez will have to register as sex offenders.

[Image via YouTube screenshot]