Kallie Helwig and Gerald Torello, who were off duty at the time and not in uniform, are under investigation for skipping the acrobatic performance and putting on an oral performance of their own. Spectators told sheriff’s deputies the two were touching each other inappropriately while seated, according to NBC San Diego. More to the point: they are accused by witnesses of performing oral sex, with Helwig’s head in Torello’s lap.

“According to the reporting party, they believed that the two folks, the suspects, were engaging in inappropriate behavior while sitting in the stands with families around them,” sheriff’s Lt. Kenn Nelson told MsNBC.com. One witness said that she saw two children turn around, seeing the couple in the compromising position. Then the male agent gave one of the kids a high-five.

The couple eventually stopped when an usher approached, according to a witness. After the show, Helwig allegedly punched one of the complaining patrons in the face.

“My vision went black, and that was the last thing I felt,” she told NBC San Diego, which later identified her as “Jenny,” a military doctor who said she was punched on her left temple. “I didn’t feel the other two hits. She hit me on the right side of my jaw and the left side of my jaw.”

Helwig was cited for misdemeanor battery. Torello was cited for public intoxication. Neither was cited for the sex act because there were no other corroborating reports, according to NBC San Diego.

However, the sheriff’s department told the Huffington Post both cases are being reviewed by the San Diego District Attorney’s office, and the pair could be charged as requested by the D.A. or returned to the sheriff’s department for further investigation.

The alleged victim told NBC San Diego she is considering lawsuits against the Border Patrol, Cirque du Soleil security and the fairgrounds.

The Border Patrol issued the following statement:

“All CBP employees are expected to conduct themselves in a professional manner while on or off duty. CBP stresses honor and integrity in every aspect of our mission, and the overwhelming majority of CBP employees and officers perform their duties with honor and distinction, working tirelessly every day to keep our country safe. CBP takes every allegation of misconduct seriously and each allegation is investigated.”

Both agents have reportedly been with the Customs and Border Patrol since 2008.