Sex On The Beach: Your Fantasy May Be A Felony

  • Mar 13 2019

It’s been sung about by one of the famously chaste Jonas Brothers. It’s a popular cocktail (for unknown reasons). And it’s a crime, which may land you in prison for up to 15 years. What is it? It’s sex on the beach.

You may wind up in handcuffs. And not in a good way.

Getting caught getting it on in public is a serious offense. Even in Florida. Even on the beach. Even if you got carried away on vacation and “this is not who you really are.”

Depending on the circumstances, you may be charged with one or more serious crimes. So, it is critical you speak with an experienced sex crimes attorney who is familiar with the local laws if you have been arrested for having sex on the beach in Miami-Dade, Broward, or Palm Beach county.

How serious is serious?   

“Exposure of sexual organs” is the most common citation given out when a couple is caught having sex on the beach. This Florida law prohibits the exposure or exhibition of one’s sexual organs in a public place, or in a private location that is visible to the public, in a vulgar or indecent manner. This is a misdemeanor of the first degree, which is punishable by up to one year in jail or a $1,000 fine.

It gets worse from there.

A few years ago, a couple was convicted of lewd and lascivious exhibition after a video recording of them getting hot and heavy on the sand in view of a minor was shared with police. This is a much more serious crime, punishable by up to 15 years in prison. Both partners were tried and convicted, and must now register as sex offenders for the rest of their lives.

The Assistant State Attorney who prosecuted the case said he wanted to make an example of this couple and let people know that sex on the beach is not tolerated. The public response was mixed, but most people seemed to agree that spending 15 years in prison just for having sex on the beach is pretty harsh. However, the laws have not been changed, and people are still getting charged with various sex crimes for living out their sandy fantasies.

Local Counsel Is Critical

If you have been charged with a sex crime for getting frisky on the beach while visiting the Miami area it is a good idea to speak with an experienced, local attorney who understands the various charges you are facing. Your chances of pleading to a lesser charge or having your case dismissed depends on the circumstances surrounding your arrest, the evidence available, and to a lesser extent, what jurisdiction you are in.

At Valiente, Carollo and McElligott PLLC we have helped numerous clients who got carried away and made a stupid mistake while on vacation make amends and move on with their lives.

Posted in: Sex Crimes