VIERA, Fla. -- In opening statements on Wednesday, attorneys for state Rep. Bob Allen claimed the lawmaker was trying to avoid a man he thought was going to rob him at a Titusville park.

Allen, R-Merritt Island, is accused of agreeing to pay an undercover Titusville police officer $20 to perform a sex act at Space View Park in Titusville. The second-degree misdemeanor brings with it a potential 60 days in jail and a $500 fine.

But even if the jurors don't agree with the defense's version of what happened July 11, defense attorney Greg Eisenmenger said Allen is not guilty of the crime with which he's been charged because he did not bring up sex and money, Local 6 News partner Florida Today reported.

"Whether you believe he went along with it because he feared his own safety or he went along with it because he wanted sex, his conduct did not violate this statute," Eisenmenger said.

Assistant State Attorney Pat Whitaker, however, painted a scene where Allen repeatedly tried to gain undercover officers' attention in an attempt to "hit on" them.

Allen also was not wearing his wedding ring, Whitaker said.

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