A year ago, 20-year-old Elissa Alaverez and 40-year-old Jose Caballero, engaged in public sex on Florida's Bradenton Beach. Caballero claimed that he was passed out and Alaverez was trying to wake him up by "dancing" on him. However, a video that an onlooker took of the two showed what looked like the the two engaging in sex. Other onlookers, including children, claimed the same thing that the video displayed and said that it continued for over a half hour and happened more than once.
The couple was charged and convicted of lewd and lascivious behavior, a felony with the punishment of up to 15 years in prison. Both are also required to register as sex offenders. Alliverez was sentenced, but received credit for time served. Caballero was sentenced to two and a half years in prison based partially on his prior convictions.
In Michigan, the most likely charge would be gross indecency. Gross indecency between male and female person is a felony and punishable by up to 5 years in prison. However, if you are considered a sexually delinquent person under the law, meaning your sexual behavior is considered to be repetitive or compulsive without regard to consequences, the punishment could be a span of prison time from any where between one day and life.
In Michigan, there is a section of the Michigan Penal Code that covers acts of indecency and immorality. It is likely that if the same acts took place on a Michigan beach, numerous criminal charges could be brought against a couple, such as indecent exposure, lewd and lascivious cohabitation and gross lewdness, along with MCL 750.338b, which governs gross indecency between male and female persons.
These charges would also require registry with the Michigan sex offender registry, possibly for life.
It is best for individuals to keep their private sexual lives off of the beach and out of public view, however, if you find yourself in a situation like the above mentioned couple mentioned above, call the Law Offices of Shannon M. Smith. Our office is highly experienced in handling sex crimes, especially those that involve minors or criminal sexual conduct. If you or a loved one is facing sex crime charges, contact our office to set up an appointment.