A Florida couple was arrested on a beach in Clearwater after the man was caught performing a sex act on his girlfriend while families were gathered. But they weren't charged with public indecency.

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The arrest affidavit states that 50-year-old Jeffrey Kernan “was performing oral sex on his girlfriend” in front of families and children.

The couple also had a 16-ounce can of Four Loko. Both Kernan and 26-year-old Alexandria Rowell were arrested for possession of an open container of alcohol.

It's not clear why they weren't charged with anything other than the misdemeanor.

Read more at The Smoking Gun.