Jose Caballero, 40, and girlfriend Elissa Alvarez, 21, were arrested last July after being caught on tape having what appeared to be sexual intercourse on a beach in Bradenton, Fla., off the Gulf of Mexico. A shaken and disgusted grandmother of a 3-year-old girl called the cops on the couple after they were seen going into the water for a swim, taking a nap, and then continuing the act in plain view of the woman’s granddaughter and other patrons on the beach.
Caballero was sentenced to two-and-a-half years in prison. Alvarez was sentenced with time served. Caballero’s harsher sentence was due to his prior conviction for cocaine trafficking, for which he served eight years in prison.
Many beachgoers caught the couple’s act on video. The two still claim that they weren’t actually having sex but that Alvarez was simply dancing on top of Cabarello.
Unfortunately for the couple, the jury wasn’t convinced and in only 15 minutes decided that regardless of whether actual penetration took place, there was simulation of intercourse, which carried a possible maximum of 15 years behind bars.
Cabarello and Alvarez will both have to register as sex offenders.
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