Man, that's a lot of time for a little nookie. From reading a couple of articles on the case, the factoring decisions were the defendant's history of dealing blow and the fact that a child saw them going at it, which could possibly cause the child to act out what he or she saw. Plus it's strongly against our country's tradition of exposing our children to extreme violence instead of sex. From The Guardian:
A man convicted of having sex on a public beach in Florida in front of a child was sentenced on Monday to two and a half years in prison, a state prosecutor said.
Jose Caballero, 40, was arrested in Bradenton Beach in west-central Florida last July after other beachgoers complained that he was fondling and starting to have sexual intercourse with a woman on the beach in the middle of the afternoon.
A four-year-old child saw the activity, which was videotaped by a witness, a police report said. When her mother asked him to stop, Caballero responded confrontationally, which factored into the sentence requested, said assistant state attorney Anthony Dafonseca.
“His judgment was pretty poor,” Dafonseca said. Caballero, who previously served about eight years in prison for cocaine trafficking, faced as much as 15 years in prison.