Florida man gets 2.5 years in prison for having sex on the beach

[Baitball Blogger]

A man convicted of having sex on a Florida beach in front of families was sentenced to two and a half years in prison on Monday..

snip

They were videotaped having sex on a Manatee County beach last summer in broad daylight. Witnesses testified that a 3-year-old girl saw them.

Caballero told jurors that he and Alvarez were not having sex and that witnesses were mistaken. Jurors listened to graphic testimony from witnesses and saw a video of Alvarez moving on top of Caballero in a sexual manner in the middle of the day while others watched

Prosecutors say they were tougher on Caballero because he previously served eight years for cocaine trafficking. Both must now register as sex offenders.

http://www.orlandosentinel.com/news/breaking-news/os-ap-sex-beach-jose-caballero-lewd-20150706-story.html

[still_one]

1. Is that even legal to sentence some one based on an unrelated offense?

[LisaL]

5. What are you talking about? He was sentenced for the current offense.

[still_one]

7. The prosecutor indicated his past cocaine conviction, made the current sentence more harsh. That is

what I was trying to saying. Is it even legal to consider an unrelated past offense, that I assume he has already paid the price for, to be considered when sentencing him for a different offense.

[LisaL]

9. Of course it's legal. Criminal history is reguarly taken into account.

[still_one]

16. The reason I brought it up if a prostitute is raped, do they allow that to be used against her?

[onenote]

20. You seem very confused

Someone convicted of a crime may have their past criminal history considered in sentencing. Who the victim is and their criminal history is not relevant.

[still_one]

22. You're right it was a stupid example I gave. However, doesn't this sound very similar to the 3

strikes and your out, where if someone commits a couple of felonies, even if the third crime is a misdemeanor that person will be sent to prison.

In other words, shouldn't the punishment fit the crime?

That is what I think had me questioning this sentence

[onenote]

27. Do you think someone convicted of multiple crimes should be treated the same as a first offender

and vice versa?

The problem with the three strikes rule is that is inflexible, not that it considers past offenses.

[still_one]

34. A prison sentence for consensual sex, assuming it is consensual, does that really deserve a prison

sentence? That is what I question

[onenote]

35. Spell check shoots and scores!

I know it's not your fault, but it's damn funny.

The 3 year old didn't consent to be part of this, nor did anyone else. Certain things that one can do at home aren't considered socially acceptable when done in public. You can walk around naked in your home. Take off everything on a public beach -- you could end up getting arrested and jail time, while not typically the punishment (for a first offender) likely would be in play for a repeat offender.

In this case, they were charged with, and convicted of, lewd and lascivious exhibition in public. The maximum penalty is 15 years. He got 2.5 years, she got time served.

[still_one]

37. consensual. Yeah, I just saw it, and thanks for understanding. It seems more harsh than it should

be to me. In fact, Counseling and community service would probably be a more constructive path. I doubt very much that prison will improve his character.

[JimDandy]

36. Seems to me that the sex act was a problem

because it was in public. A lewd public consensual act still shouldn't have drawn prison time. A fine would have been appropriate though.

[KamaAina]

2. Was he underage?

[840high]

38. The children watching were underage.

[KamaAina]

40. The joke is that Sex on the Beach is a cocktail

and if he were underage, that'd be a slightly worse offense than having, y'know, sex on the beach.

[Warpy]

3. Dumb, dumb, dumb

I think his prior conviction for coke is what the sentence is about, not his apparently consensual but badly thought out boink on the beach. It really should have netted him a fine, not jail time, no matter how many toddlers were around and asking Mommy embarrassing questions.

Sex on a beach is not as fun as it looks, anyway. Sand in the pink bits is distinctly unpleasant.

[aikoaiko]

8. True, very true about the difficulty of sex on the beach

[Contrary1]

14. And never ever grab the wrong jar...

of lubricant, as a friend of mine did back in the 60's, while in the throes of love making on the beach.



Ouch. (No, it didn't include me.)

[RKP5637]

30. Been there! It's hot! LOL!

[RKP5637]

29. When this first started happening they had said there was not direct evidence they actually had

real sex, like penetration, but it was apparently intense. Initially, they had said it was one person that had complained, but I guess that changed. Whatever, I think it's a way overboard sentence. I can certainly see a fine and all, but jail time like this and registration as a sex offender seems way overboard. People have sex on the beach all the time, but granted, this was really dumb, dumb, dumb continuing and continuing and all, and the location.

[Travis_0004]

4. I for one feel safer

I think for a first offense 50 hours of community service should be fine. I think that would be a good enough deterrent, and help out the community in the mean time.

[Hugin]

6. Yet, "Shark Week" about violent shark attacks which celebrates oceans of graphic gore is condoned.

Just for starters.

Yee... I will never understand humans.

[RKP5637]

31. I've been trying to understand humans for eons, still don't understand humans,

especially as a supposedly intelligent species.

[hunter]

10. Florida and Alaska are the only states I've never visited.

I think I'll visit Alaska first.

This story is Idiocracy from beginning to end: the couple, the "bystanders," the moron making a video, whoever called the police, the police, the prosecutor, and the jury.

What a pathetic waste of time and tax dollars...

[RKP5637]

32. Exactly! It was a colossal waste of time and taxpayer dollars. A fine maybe, but the rest is

totally lame.

[hifiguy]

11. Dumb dumb dumb dumb dumb.

To quote South Park.

THIS is worth spending $35,000-40,000 to keep someone in jail every year.

You think little kids didn't see sex when an entire family lived in one room, as was normal in any overcrowded urban area for generations?

PRIORITIES, people.

[Kaleva]

12. Not surprisingly, the candidates remain silent on this.

[Chemisse]

13. Damn! And I wanted to try that!

Although not in front of families.

And not during the day.

[LiberalElite]

15. Here, the definitive "sex on the beach" (ok'd by censors)

[olddots]

17. FILM. AT 11

if one of the producers didn't steal it .

[47of74]

18. It would've been better if the couple had made some bacon on the beach.

[Monk06]

19. *

[DawgHouse]

21. Whew, sand is hot too! Ouch!

[bigwillq]

23. There's no need to serve jail time for this.

Our justice system is broken.

[villager]

28. But the jails are another racket. And they need fodder.

Hence, the Alice-in-Wonderland like sentencing...

[RKP5637]

33. And hence we have the most imprisoned in the world. Yet another ridiculous

imprisonment. It really is a broken system, and layered with prisons for profit, yet another total WTF.

[Orrex]

24. Now that's what I call true grit

.

[Orrex]

25. He was arrested for going against the grain.

[Orrex]

26. Florida cops don't take kindly to abrasive behavior.

[onethatcares]

39. meanwhile

pRick Scott has been fucking the citizens of Floriduh for the past 6 years and is getting ready to run for the senate after quadrupling his net worth.

[Reter]

41. Meagan's Law was never supposed to be about this

Registered sex offenders for life? Please. That should be limited to pedos and rapists. Not this, or some guy who takes a piss a little to close to a school.