Lewd or lascivious exhibition criminalizes intentional sexual performance in the presence of a child younger than 16. Under Florida Statute 800.04(7), the crime of lewd or lascivious exhibition occurs when a person intentionally masturbates, exposes their genitals in a lewd or lascivious manner; or commits another sexual act in the presence of a child.

A couple from Bradenton, Florida, has been convicted of lewd and lascivious exhibition for having sex on a crowded beach. Jose “Benny” Caballero, 40 years old, and Elissa Alvarez, 20 years old, are now facing up to fifteen years behind bars and they must register as sex offenders for illicit public sexcapades. The couple was convicted after a two-day trial.

During trial, the prosecution showed the jury a video filmed by a grandmother during a July visit to Cortez Beach in Bradenton, FL. The video shows Alvarez moving on top of Caballero in a sexual manner. Although the defense argued that Alvarez had been dancing on Caballero, they failed at convincing the jury. It only took the jury 15 minutes to deliberate the case and reach their verdict of guilty for both Caballero and Alvarez.

Although the prosecutor and defense attorney haven’t reached an agreement as to the jail sentence, Caballero might have to face a longer sentence than Alvarez. Caballero might face the full 15-year prison sentence because he has a prior criminal record for cocaine-trafficking and the charge in this case is a felony crime which occurred less than three years after Caballero’s release from prison.

Caballero is determined a “prison release reoffender” because he committed a qualifying offense within 3 years of being released from prison and the sentence he is currently facing is punishable for more than a year. This is per Florida Statute §775.082 (9)(a)1. He is presumed to get the maximum presumptive sentence, he will only be released on expiration of sentence, and he must serve 100 percent of the sentence. §775.082 (9)(a)3.

Contact Pagan & Stroleny P.L. today if you need a Miami criminal defense lawyer. Attorneys at Pagan & Stroleny P.L. have the qualifications and expertise necessary to resolve your case.  Call us today at 305-615-1285 to schedule a free consultation and learn how we will fight to defend your rights.  For more information about our firm and about Florida laws, visit us online at www.pslaw.org.