The couple was seen by numerous tourists who also claimed a 3 year old child witnessed the man and woman having sex. Despite cries by witnesses to stop the couple did not listen. Obviously, in this day and age of cell phones, people took a video of the two having sex. This was a highly publicized case and you can read more and see the blurred, but still graphic video at:
http://www.bradenton.com/2015/05/04/5781129_couple-found-guilty-of-having.html?rh=1
The defense the couple used that they were only simulating a sex act did not go over well with the jury which convicted the couple of a lewd act in 15 minutes.
Because the male had a previous conviction for trafficking in cocaine and was recently released from a Florida prison sentence for that charge, he qualified as a Prison Release Reoffender (PRR) under Florida Statute 775.082 “Penalties; applicability of sentencing structures; mandatory minimum sentences for certain reoffenders previously released from prison.”
Under 775.082, a “Prison Release Reoffender” (PRR) means any defendant who commits, or attempts to commit:
within 3 years of being released from a correctional facility. Lewd & Lascivious crime under Florida Statute 800.04, therefore “sex on the beach” qualifies as PRR crime. Because the male was released from prison within the last 3 years of committing this crime, he must be sentenced to 15 years prison (the maximum for this offense).
The female convicted of sex on the beach in this case does not face the automatic 15 year sentence and is subject to the Florida Sentencing Guidelines. This is where the felony “Scoresheet” comes into play. It was not clear what the exact charge was for the 20 year old female. She could have been charged with committing a lewd act in the presence of a child or just a lewd act. If it was only a lewd act, that would be a Level 5 offense which scores 36 points. Under the Florida Sentencing Guidelines she would also score 80 points for “penetration”. Putting that in the Scoresheet formula would result in a minimum sentence of 5.5 years.
36 points + 80 points = 116 – 28 = 88 * 0.75 = 66 months minimum
12 months in a year, so
66 / 12 = 5.5 year minimum prison sentence.
If it was scored as a Level 7 offense (56 points instead of 36), this would increase the minimum prison sentence to 6.75 years.
There would be no “Victim Injury Points” because the State of Florida is the victim in this case and there was no contact with any children, only consenting adults.
The prosecutor stated they would only be seeking a jail sentence in the female’s case, but if she is given a jail sentence, that will mean she is a convicted felon in addition to being a sexual offender. The judge can mitigate her sentence and not give prison time if he finds she qualifies for one of Florida’s “Mitigating circumstances” under Florida Criminal Statute 921.0026 which allow departure under the minimum sentence. The mitigating circumstances listed in the Florida statute are:
The judge can consider other mitigating factors not listed above. The most likely one to be used in this case is f,g, j, and possibly k.
Neither are subject to a $5,000.00 civil penalty like “johns” are in prostitution cases either which is set for oral arguments on Wednesday before the 2nd DCA. I will continue to follow the sentencing in this case and keep you updated.
IF YOU THINK YOU ARE BEING INVESTIGATED FOR A SEX CRIME OR HAVE BEEN ARRESTED FOR A LEWD & LASCIVIOUS OFFENSE, CALL NOW AND SPEAK TO AN EXPERIENCED CRIMINAL SEX CRIMES ATTORNEY.
THOMAS C. GRAJEK 863-688-4606
The post Bradenton couple found guilty by jury of having "sex on the beach". How serious is this crime? VERY!! first appeared on SEONewsWire.net.]]>