A man and his girlfriend were arrested on a Florida beach after they were caught performing indecent acts.
Arresting officer Lee Curtis found Jeffrey Kernan, 50, performing oral sex on Alexandria Rowell, 26, while on a public beach in Clearwater on Sept. 3, according to arrest documents obtained by The Smoking Gun.
The pair committed their act in front of "families and children," which the report cited as a factor in the arrest. An open container can of the alcoholic drink Four Loko was next to the couple, which is what led Curtis to take the two into custody. Neither was charged with indecent exposure or anything else related to their actions while on the beach.
Both Kernan and Rowell were taken into custody and booked on misdemeanor charges. Kernan, who lives in nearby Tampa, posted $250 bail and was released. Rowell, however, did not post bail and remains in county jail.
According to FindLaw.com, Florida law regarding indecent exposure "prohibit the display, exhibition, or exposure of an individual's sexual organs in a public place or while in public view."
"The state law regarding indecent exposure requires the prosecutor to prove the defendant's lascivious, lewd, or indecent intent," it continues. "Nudity, public undress, or an exposed body part without the required intent or state of mind generally does not qualify as indecent exposure."
It was not clear if the couple's act was in plain view or fell under the parameters of indecent exposure laws. At the time, however, the arresting officer booked them only on charges related to the open container of alcohol they had near them at the time.
Indecent exposure in Florida is generally considered a misdemeanor, carrying a maximum fine of $1,000 and a potential prison sentence of one year. If the act is committed in front of a person under the age of 16, however, it can be upgraded to a felony.
If the exposure occurs in front of a minor under the age of 16, it can be treated as a second-degree felony punishable by 15 years in prison and a fine of $10,000. If the defendant is a minor, a sentence of three years and a fine of $5,000 has legal precedent.
The arresting officer noted that nobody suffered injuries as a result of the act on the Clearwater beach but did write that both parties appeared to be under the influence of alcohol during the time of the arrest.