This is an FBI investigation document from the Epstein Files collection (FBI VOL00009). Text has been machine-extracted from the original PDF file. Search more documents →
FBI VOL00009
EFTA00233329
549 pages
Page 241 / 549
PLEA IN THE CIRCUIT COURT THE FOLLOWING IS TO REFLECT ALL TERMS OF THE NEGOTIATED SETTLEMENT Name: Jeffrey E. Epstein Plea: Guity 11 DOC Felony Solicitation of Prostitution 1 No 3 FF.L ring Person Under 18 for Prostitution 1 No 2 FEL Pet VVelved/Not Required Required/Requested ADJUDICATION: Adjudicate Di 1 SENTENCE: On OBCF009454AMB, the Defendant Is sentenced to 12 months in the Pain Beach County Detention Facility, with credit for 1 (one) day tine served _ 1,11470% Jos.t. biAlioAfft On 08CF009381AMB, the Defendant S sentenced to 8 months& the Pain Beach County Detention Facility, will aedlt for 1 (one) day tine served. This 8 month sentence is to be served consecutive to the 12 month sentence in OOCF0094S4AMB. Following this 8 month sentence, the Defendant will be placed on 12 months Community Control 1 (one). The conditions of community control are attached hereto and incorporated herein. OTHER COMMENTS OR CONDITIONS: As • special condkion of his community control, the Defendant is to have no unsupervised contact with minors, and the supervising adult must be approved by the Department of Correction. The Defendant Is designated as a Sexual Offender pursuant to Florida Statute 943.0435 and must abide by al the corresponding requirements of the statute, a copy of which is attached hereto and incorporated herein. The Defendant must provide a DNA sample in court at the time • STATE OF FEAR A • PALM BEACH COUNT? I hereby certify that the tonguing is a true copy of the rec In my office. F ,Haar . 20271_ 0 K OMP ROLLER PUTY CLERK EFTA00233569
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FI
r. timare e. jn—uDstWA) HAT YOU SHALL COMPLY WITH THE FOLLOWINODITIONS-OF SUPERVISION: i. calvIMUNITY CONTROISARD CONDITIONS: You will remain confined to your residence except one half hour before and after your approved employment, . community service work, or any other activities approved by your probation officer. You will maintain an hourly accounting of all your activities on a daily log which you will submit to your supervising officer upon request • • The Department of Corrections, may at its discretion, places you on Electronic Monitoring during the term of your Community Control. If placedon Electronic Monitoring, you will wear a monitor at all times. You will maintain a • private phone line, be financially responsiblifor any lost or damaged equipment and follow all rules and regulations as instructed. The telephone will be available within five working days of being placed On Electronic Monitoring Program. While on electronic monitoring you will remain confined to your residence and are prohibited from being outside the residential walls. • (d) If while being monitored and the monitor is found to have been tampered with you shall be taken into custody immediately, if the officer determines that your were not at your schedules place of work or school while allowed to be outside the residence then in that event you shall be taken into custody immediately. If taken into custody, you shall be held without bond and shall. on the next working day, brought before a Judge presiding over his or her case for further disposition at the discretion of the presiding hdge- (a) If placed on Electronic Monitbring you will pay to the State of Florida, for the cost of Electronic Monitoring $1.00 per day, per F.S. 948.09; ODeknciAni. tau . PecictiA-s O4- 5-`a" el 3.Y; (to Ways .12:4> r-kni plot_ 33 6 1,,t_tuu t.) FROBATIO RD CONDMONS . • (a) You will submit to and, unless otherwise waived, be financially responsible for drug testing, urinalysis at least on a monthly basis, and counseling if deemed appropriate by your supervising officer. • ( 2) You will enter and successfully complete a non-secure or inpatient drug treatment program if deemed appropriate by • your officer. (a) You will comply with any curfew restrictions, confinement approved residence or travel restrictions as instructed by your officer and approved by the Officer's Supervisor. sTsiX.QEFENEAR•84.6SiatRH-eetetnerrst you shall submit to a mandatory curfew from 10:00 PM to 6:00 AM . .• b (if the victim wasunder the age of 18 years) you shall not live within 1000 feet of a school, day care center, park, . playground, or other place where children regularly congregate. . (a) you shall -enter, actively participate in, and successfully complete &sex offender treatment program with a therapist particularly trained to heat sex offender, at proltationer's or community controlees expense. ou shall not.have any contact with the vietiOdirectly or indirectly, including through a third person, unless approved by the victim, the therapist and sentencing court. . . (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex offender program, have any unsupervised contact with a child under the age of 18 years, unless authorized by the sentencing court, without an adult present who is responsible for the child's welfare and which adult has been advised of the crime arid is approved by the sentencing court. the victim was under the age of 18 years) you' shall not work for pay or as a volunteer in any school, day care center, ark, playground, or other place where children regularly congregate. RP- you shall not view, wn, or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs or computer services that are relevant to your deviant behavior pattern. %Yon shall submit two specimens of blood to the Florida Department of Law Enforcement to be registered with the DNA Data Bank. . . . . ' (i) You shall make restitution to the victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and related profesaional services relating [tithe physical, psychiatric and psychological care of the victim. You shall submit to a warrantless search by your probation officer or community control officer of y ur pe_ i w rson residence, or vehicle. . . CO eirs co." Cs 0) Dacejtalall-1 - +O C\94-tel— COViseLC-4 — l" ) L44-, 14--t. S . .. . 60 C CY cif a- nit Ok. % fvt.•1 €kr t 6 tem- - tin &L. vreadic. y 0 De k n acca,4-- fp 004 4 fi tividoi Seim c.c., Ca mciet,41n-v --1:1 ATS-Ini4; Oa tt An. yl 1114 R. • EFTA00233570
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you shall submit to a man tory curfew from 10:00 PM to 6:00 AM (if the victim was under the age of 18 years) you shall not live within 1000 feet of a school, day care center, park, playground, or other place where children regularly congregate. (c) you shall enter, actively participate in, and successfully complete a sex offender treatment program with a therapist particularly trained to treat sex Offender, at probationer's or community controlees expense. (d) you shall not have any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the therapist and sentencing court. . (e) (if the victim was under the age of 18 years) you shall not, until you successfully attend and complete the sex-offender • program, have any unsupervised contact with a child under the age of 18 years, unless authorized by the sentencing court, without an adult present who is responsible for the child's welfare and which adult has been advised of the crime and is approved by the sentencing court. (f) (if the victim was under the age of 18 years). you shall not work for pay or as a volunteer in any school; day care center, park, playground, or other place where children regularly congregate. (g) Unless otherwise indicated in the treatment planprovided by the sexual offender treatment program, you shall not view, own, or posses any obscene, pornographic or sexually stimulating visual or auditory material, including telephone, • • electronic media, computer programs or computer services that are relevant to your deviant behavior pattern. You shall submit two specimens of blood to the Florida Department of Law Pnforr.ement in he neeetered with the 11h1A Dam Bank. (1) • You shall make restitution tothe victim as ordered by this court pursuant to F.S. 775.089 for all necessary medical and related professional services relating to the physical, psychiatric and psychological•care of the victim. 0) You shall submit to a Warrantless search by your probation officer or community control officer of yoUr person, • residence. or vehicle (ic) you shall, as part of a treatment program, participate once/twice annually in polygraph examination to obtain informatio necessary for risk management and treatment and to reduce your denial mechanisms: Your polygraph examinations mus be conducted by a polygrapher trained specifically in the use of polygraph for monitoring sex offenders and it shall be paid by you. The results of the polygraph examinations shall not be used as evidenced in court to prove that a violation of community supervision occurred. You shall maintain a driving log, you shall, not drive a motor vehicle white alone without prior approval of your supervising officer. . • Ri (if there was sexual contact) you shall submit to, at probationer's orcommunity controlees expense, an HIV test with the results to be released to the victim,. or the victim's parents or guardian. You will not obtain or use a Post Office Box without the prior approval of the supervising officer. Yon will submit to electronic monitoring when deemed necessary by the community control or probation officer and hit or her supervisor, and.ordered by the court at the recommendation of the Department of Corrections. . Mier: . . COURT RB,533RVHS THE RIGHT TO RESCIND, MODIFY, OR REVOKE SOISI94 TO NT PROVIDED' BY LAN; IONS AND ORDeRED AT West Palm Beach, Palm Beach County, Florida, this ToC3 lunc Pro Tunc: .1.01-5aMt Honorable Sandra K. McSorka• Jutjg< Circuit Court have received a copy of the terms and conditions of my supervisionA have read and understand these condit.-em e- agiee to report to the Department of :orrections Probation Office for further instructions. Also. I hereby consent to the disclosure of my alcohol and drug abuse patient rec ds, the cOnfidentiMit, f which is federally regulated under 42CPR, Part II. for the duration of my fupervision. EPEND S 10/11 0 By ROR DA :PALM B h joy eat, lb S TIMED BY foregoing is a true OPY of he recor otike. .20 — BO K TROLLER PUTY CLERK EFTA00233571
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948.101 Terms and conditions of community control and criminal quarantine community control... (1) The court shall determine the terms and conditions of community control. Conditions specified fn this subsection do not require oral pronouncement at the time of sentencing and may be considered standard conditions of community control. (a) The court shalt require intensive supervision and surveillance for an offender placed Into community control, which may include but is not limited to: 1. Specified contact with the parole and probation officer. 2. Confinement to an agreed•upon residence during hours away from omploymont and public service activities. 3. Mandatory public service. 4. Supervision by the Department of Corrections by means of an electronic monitoring device or system. 5. The standard conditions of probation sot forth in s. 948.03. (b) For an offender placed on criminal quarantine community control, the court shall require: 1. electronic monitoring 24 hours per day. 2. Confinement to a designated residence during designated hours. (2) The enumeration of specific kinds of terms and conditions does not prawn the court from adding thereto any other terms or conditions that the court considers proper. However, the sentencing court may only impose a condition of supervision allowing an offender convicted of s. 794.011, s. 800.04, s. 827.071, or s. 847.0145 to reside In another state if the order stipulates that it is contingent upon the approml of the receiving state interstate compact authority. The court may rescind or modify at any time the terms and conditions theretofore imposed by It upon the offender in community control. However, if the court withholds adjudication of guilt or imposes a period of incarceration as a condition of community control, the period may not mead 364 days, and incarceration shall be restricted to a county facility, a probation and restitution center under the jurisdiction of the Department of Corrections, a probation program drug punishment phase I secure residential treatment institution, or a community residential facility owned or operated by any entity providing such services. (3) The court may place a defendant who is being sentenced for criminal transmission of HIV in violation of s. 775.0877 on criminal quarantine community control. The Department of Corrections shaft develop and administer a criminal quarantine conwriunity control program emphasizing intensive supervision with 24.hourper-day electronic monitoring. Criminal quarantine community control status must include surveillance and may include other measures normally associated with community control, except that specific conditions necessary to monitor this population may be ordered. EFTA00233572
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'943.0435 Sexual offenders required to register with the deparunent; penalty-- (1) As used in this section, the term: (a)1. -Sexual offender' means a person who meets the criteria in sub-subparagraph a., sub- subParawaph b., sub-subparagraph c., or sub-subparagraph d., as follows: a.(I) Has been convicted of committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction: s. 787.01, s. 787.02, or s. 787.025(2)(c), where the victim is a minor and the defendant Is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035- s. 800.04; s. 825.1025; s. g7.071- s. 847.0133• s. a47.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145- or s. 985.701(1); or any similar offense committed In this state which has been redesignated from a former statute number to one of those listed in this sub-sub-subparagraph; and (II) I-Ias been released on or after October 1, 1997, from the sanction imposed for any conviction of an offense described In sub-sub-subparagraph (I). For purposes of sub-sub- subparagraph (I), a sanction imposed in this state Of In any other jurisdiction includes, but Is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration In a state prison, federal prison, private correctional facility, or local detention facility; b. establishes or maintains a residence in this state and who has not been designated as a sexual predator by a court of this state but who has been designated as a sexual predator, as a sexually violent predator, or by another sexual offender designation in another state or jurisdiction and was, as a result of such designation, subjected to registration or community or public notification, or both, or would be if the person were a resident of that state or jurisdiction, without regard to whether the person otherwise meets the criteria for registration as a sexual offender; c. establishes or maintains a residence in this state who is in the custody or control of, or under the supervision of, any other state or jurisdiction as a result of a conviction for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes or similar offense in another jurisdiction: s. 787.01, s. ?87.02_, or s. 787.025(2)(c), where the victim is a minor and the defendant is not the victim's parent or guardian; s. 794.011, excluding s. 794.011(10); s. 794.05; s. 796.03; s. 796.035; s. 800.04; s. 825.1025; s. 827.071; s. 847.0133; s. 847.0135, excluding s. 847.0135(4); s. 847.0137; s. 847.0138; s. 847.0145; or s. 985.701(1); or any similar offense committed in this state which has been redesignated from a former statute number to one of those listed in this sub-subparagraph; or d. On or after July 1, 2007, has been adjudicated delinquent for committing, or attempting, soliciting, or conspiring to commit, any of the criminal offenses proscribed in the following statutes in this state or similar offenses in another jurisdiction when the juvenile was 14 years of age or older at the time of the offense: (I) Section 794.011, excluding s. 794.011(10); (II) Section 800.04(4)(b) whore the victim is under 12 years of age or where the court finds sexual activity by the use of forte or coercion; (III) Section 800.04(5)(c)1. where : atc ..., the court finds molestation involving unclothed genital • EFTA00233573
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(IV) Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals. 2. for all qualifying offenses listed in sub-subparagraph (1)(4)1.d., the court shall make a written finding of the age of the offender at the time of the offense. Far each violation of a qualifying offense listed in this subsection, the court shall make a written finding of the age of the victim at the time of the offense. For a violation of s. 800.04(4), the court shall additionally make a written finding Indicating that the offense dfd or did not knots* sexual activity and Indicating that the offense did or did not involve force or coercion. For a violation of s. 800.04(5), the court shall additionally make a written finding that the offense did or did not involve unclothed genitals or genital area and that the offense did or did not invests the use of force or coercion. (b) *Convicted moons that there has been a determination of guilt as a result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication Is withhold, and includes an adjudication of delinquency of a juvenile as specified in this section. Conviction of a similar offense includes, but Is not limited to, a conviction by a federal or military tribunal, including courts-martial conducted by the Armed fortes of the United States, and includes a conviction or entry of a plea of guilty or nolo con tendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release, or incarceration in a state prison, federal prison, private correctional facility, or local detention facility. (e) "Permanent residence" and "temporary residence have the same moaning ascribed in s. 775,21. (d) "Institution of higher education means a career center, community college, college, state university, or independent postsecondary institution. (e) 'Change in enrollment or employment status' means the commencement or termination of enrollment or employment or a change in location of enrollment or employment. (f) 'Electronic mail address" has the same meaning as provided In s. 668.602. (g) 'Instant message name means an identifier that allows a person to communicate in real time with another person using the Internet. (2) A sexual offender shall: (a) Report in person at the sheriffs office: t. In the county In which the offender establishes or maintains a permanent or temporary residence within 48 hours after: a. establishing permanent or temporary residence in this state; or b. tieing released from the custody, control, or supervision of the Department of Corrections or from the custody of a private correctional facility; or 2. In the county where he or she was convicted within 48 hours after being convicted for a qualifying offense for registration under this section if the offender is not in the custody or EFTA00233574
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control of, or under the supervision of, the Department of Corrections, or is not in the custody of a private correctional facility. My change in the sexual offender's permanent or temporary residence, name, any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d), after the sexual offender reports in person at the sheriffs office, shall be accomplished in the manner provided in subsections (4), (7), and (8). (b) Provide his or her name, data of birth, social security number, race, sex, height, weight, hair and eye color, tattoos or other identifying marks, occupation and place of employment, address of permanent or legal residence or address of any current temporary residence, within the state and out of state, including a rural route address and a post office box, any electronic mail addres and any instant message name required to be provided pursuant to paragraph (4)(d), date and place of each conviction, and a brief description of the crime or crimes committed by the offender. A post office box shall not be provided in lieu of a physical residential address. 1. If the sexual offender's place of residence is a motor while, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide to the department through the sheriffs office written notice of the vehicle Identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined in chapter 327, the sexual offender shall also provide to the department written notice of the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel, or houseboat 2. if the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education In this state, the sexual offender shall also provide to the department through the sheriffs office the name, address, and county of each institution, including each campus attended, and the sexual offender's enrollment or employment status. Each change In enrollment or employment status shall be reported in person at the sheriffs office, within 48 hours after any change in status. The sheriff shall promptly notify each institution of the sexual offender's presence and any change In the sexual attendees enrollment or employment status. When a sexual offender report at the sheriffs office, the sheriff shall take a photograph and a sat of fingerprints of the offender and forward the photographs and fingerprints to the department, along with the information provided by the sexual offender. The sheriff shall promptly provide to the department the information received from the sexual offender. (3) Within 48 hours after the report required under subsection (2), a sexual offender shall report in person at a driver's license office of the Department of Highway Safety and Motor Vehicles, unless a driver's license or identification card that complies with the requirements of s. 322.141(3) was previously secured or updated under s. 944.607. At the driver's license office the sexual offender shell: (a) If otherwise qualified, secure a Florida driver's license, renew a Florida drhar's license, or secure an Identification card. The sexual offender shall identify himself or herself as a sexual offender who is required to comply with this section and shall provide proof that the sexual offender reported as required in subsection (2). The sexual offender shall provide any of tho information specified in subsection (2), If requested. The sexual offender shall submit to the taking of a photograph for use in issuing a driver's license, renewed license, or identification card, and far use by the department in maintaining current records of sexual offenders. EFTA00233575
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(b) Pay the costs assessed by the Department of Highway Safety and Motor Vehicles for Issuing or renewing a driver's license or identification card as required by this section. The driver's license or Identification card Issued must be In compliance with s. 372.141(3). (c) Provide, upon request, any additional information necessary to confirm the identity of the sexual offender, including a set of fingerprints. (4)(4) Each time a sexual offenders driver's license or identiffaide card is subject to renewal, and, without regard to the stabs of the offender's driver's license or identification card, within 48 hours after any then., in the offender's permanent or temporary residence or change in the °fielder's name by reason of marriage or other legal process, the offender shall report in person to a drivel license office, and shall be subject to the requirements specified in subsection (3). The Department of Highway Safety and Motor Vehicles shall forward to the department all photographs and Information provided by sexual offenders. Notwithstanding the restrictions set forth in s. 322.142, the Department of Highway Safety and Motor Vehicles is authorized to release a reproduction of a color-photograph or digital-Image license to the Department of Law Enforcement for purposes of public notification of sexual offenders as provided fn this section and ss. 943.043 and 944.606. (b) A sexual offender who vacates a permanent residence and falls to establish or maintain another permanent or temporary residence shall, within 48 hours after vacating the permanent residence, report in parson to the sheriffs office of the county in which he or she is located. The sexual offender shall specify the date upon which he or she intends to or did vacate such residence. The sexual offender must provide or update all of the registration information required under paragraph (2)(b). The sexual offender must provide an address for the residence or other location that he or she is or will be occupying during the time in which he or she fails to establish or maintain a permanent or temporary residence. (c) A sexual offender who remains at a permanent residence after reporting his or her intent to vacate such redeem shall, within 48 hours after the date upon which the offender indicated he or she would or did vacate such residence, report in person to the agency to which he or she reported pursuant to paragraph (b) for the purpose of reporting his or her address at such residence. Vass the sheriff receives the report, the sheriff shall promptly convey the information to the department. An offender who makes a report as required under paragraph (b) but fails to make a report as required under this paragraph commits a felony of the second date*, punishable as provided in s. 775.062, s. 775.082, or s. 775.064. (d) A sexual offender must register any electronic malt address or instant message name with the department prior to using such electronic mail address or Instant message name on or after October 1, 2007. The department shall establish an online system through which sexual offenders may securely access and update all electronic mail address and instant message name Information. (5) This section does not apply to a sexual offender who is also a sexual predator, as defined in s. 775 .21. Asexual predator must register as required under s. 775.21. (6) County and local law enforcement agencies, In conjunction with the department, shall verify the addresses of sexual offenders who are not under the care, custody, control, or supervision of the Department of Corrections in a manner that fs consistent with tie provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to such verification or required to be met as a condition for the receipt of federal funds by the state. Local law enforcement agencies shall report to the department any failure by a sexual offender to comply with registration requirements. EFTA00233576
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(7) A sexual offender who intends to establish residence in another state or jurisdiction other than the State of Florida shall report in person to the sheriff of the county of current residence within 4$ hours before the date he or she intends to leave this state to establish residence in another state or jurisdiction. The notification must include the address, municipality, county, and state of intended residence. The sheriff shall promptly provide to the department the information received from the sexual offender. The department shall notify the statewide law enforcement agency, or a comparable agency, in the intended state or jurisdiction of residence of the sexual offender's Intended residence. The failure of a sexual offender to provide his or her intended place of residence is punishable as provided in subsection (9). (8) A sexual offender who indicates his or her intent to reside in another state or jurisdiction other than the State of Florida and later decides to remain in this state shall, within 48 hours after the date upon which the sexual offender indicated he or she would leave this state, report in person to the sheriff to which the sexual offender reported the intended change of residence, and report his or her intent to remain in this state. The sheriff shall promptly report this information to the department. A sexual offender who report his or her intent to reside in another state or jurisdiction but who remains in this state without reporting to the sheriff in the enamor required by this subsection commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.061, or s. 775.064. MOO A sexual ofende► who does not comply with the requirement of this section commits a felony of the third degree, punishable as provided in s. 775.062. s. 775.063, or s. 775.084. (b) A sexual offender who commits any act or omission in violation of this section.may be prosecuted for the act or omission in the county in which the act o► omission was committed, the county of the last registered address of the sexual offender, or the county in which the conviction occurred for the offense or offenses that meet the criteria for designating a person as a sexual offender. (c) An arrest on charges of failure to register when the offender has been provided and advised of his or her statutory obligations to register under subsection (2), the service of an information or a complaint for a violation of this section, or an arraignment an charges for a violation of this section constitutes actual notice of the duty to register. A sexual offender's failure to immediately register as required by this section following such arrest, service, or arraignment constitute grounds for a subsequent charge of failure to register. A sexual offender charged with the crime of failure to ►egister who asserts, or intends to assert, a lack of notice of the duty to ►egister as a defense to of failure to register shall immediately register as required by this section. A sexual offender who is charged with a subsequent failure to register may not assert the defense of a lack of notice of the duty to register. (d) Registration following such arrest, service, or arraignment is not a defense and does not relieve the sexual offender of criminal liability for the failure to register. (10) The department, the Department of highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile Justice, any law enforcement agency In this state, and the personnel of those departments; an elected or appointed official, public employee, or school administrator; or an employee, agency, or any Individual or entity acting at the request or upon the direction of any law enforcement agency is immune from civil liability for damages for good faith compliance with the requirements of this section or for the release of information under this section, and shall be presumed to have acted in good faith in compiling, recording, reporting, or releasing the information. The presumption of good faith is not overcome if a technical or clerical error Is made by the department, the Department of Highway Safety and Motor Vehicles, the Department of Corrections, the Department of Juvenile EFTA00233577
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Justice, the personnel of those departments, or any individual or entity acting at the request or LOW the direction of any of those departments in compiling or providing information, or if information is incomplete or incorrect ber.ause a sexual offender fails to report or falsely reports his or her current place of permanent or temporary residence. (11) Except as provided in s. 943.04354, a sexual offender must maintain registration with the department for the duration of his or her life, unless the sexual offender has received a full pardon at has had a conviction set aside in a postconviction proceeding for any offense that meets the criteria for classifying the person as a sexual offender for purposes of registration. However, a sexual offender: (a)1. Who has been lawfully released from confinement, supervision, or sanction, whichever is later, for at leant 25 years and has not been arrested for any felony or misdemeanor offense since release, provided that the sexual of requirement to register was not based upon an adult conviction: a. For a violation of s. 767.01 or s. 787.02; b. For a violation of s. 794.011 excluding s. 794.011(10); c. For a violation of s. 800.04(4)(b) where the court finds the offense involved a victim under 12 years of ago or sexual activity by the use of force or coercion; d. For a violation of s. 300.04(5)(b); a. For a violation of s. 600.04(5)c.2. where the court finds the offense involved unclothed genitals or genital area; f. For any attempt or conspiracy to commit any such offense; or g. For a violation of similar law of another jurisdktion, may petition the criminal division of the circuit court of the circuit in which the sexual offender resides for the purpose of removing the requirement for registration as a sexual offender. 2. The court may want or deny relief if the offender demonstrates to the court that he or the has not been arrested for any crime since release; the requested relief complies with the provisions of the federal Adam Walsh Child Protection and Safety Act of 2006 and any other federal standards applicable to the removal of registration requirements for a sexual offender or required to be met as a condition for the receipt of ►ederal funds by the state; and the court is otherwise satisfied that the offender Is not a current or potential threat to public safety. rho state attorney in the circuit in which the petition is filed must be given notice of the petition at least 3 weeks before the hearing on the matter. The state attorney may present evidence in opposition to the requested relief or may otherwise demonstrate the reasons why the petition should be denied. If the court denies the petition, the court may set a future date at which the sexual offender may again petition the court for relief, subject to the standards for relief provided in this subsection. 3. Tie department shall remove an offender from classification as a sexual offender for purposes of registration If the offender provides to the department a certified copy of the courts written findings or order that indicates that the offender is no longer required to comply with the requirements for registration as a sexual offender. EFTA00233578
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• (b) As defined In sub-subparagraph (1)(a)1.b. must maintain registration with the department for the duration of his or her life until the person provides the department with an order issued by the cast that designated the person as a sexual predator, as a sexually violent predator, or by another sexual offender designation In the state or jurisdiction in which the order was issued which states that such designation has been removed or demonstrates to the department that such designation, if not imposed by a court, has been removed by operation of law or court order in the state o► jurisdiction in which the designation was made, and provided such person no longer meets the criteria for registration as a sexual offender under the laws of this state. (12) The Legislature finds that sexual offenders, especially those who have committed offenses against minors, often pose a high risk of engaging in sexual offenses even after being released from incarceration or commitment and that protection of the public from sexual offenders is a paramount government interest. Sexual offenders have a reduced expectation of privacy because of the public's interest In public safety and in the effective operation of government. Releasing information concerning sexual offenders to law enforcement agencies and to persons who request such Information, and the release of such information to the public by a law enforcement agency or public agency, will fists the governmental interests of public safety. The designation of a person as a sexual offender is not a sentence or a punishment but is simply the status of the offender which is the result of a conviction for having committed certain crimes. (13) Any person who has reason to believe that a sexual offender is not complying, or has not complied, with the requirements of this section and who, with the intent to assist the sexual offender in eluding a law enforcement agency that is seeking to find the sexual offender to question the sexual offender about, or to arrest the sexual offender for, his or her noncompliance with the requirements of this section: (a) Withholds information from, or does not notify, the law enforcement agency about the sexual offender's noncompliance with the requirements of this section, and, if known, the whereabouts of the sexual offender; (b) Harbors, or attempts to harbor, or assists another person fn harboring or attempting to harbor, the sexual offender; or (c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the sexual offender; or (d) Provides information to the law enforcement agency regarding the sexual offender that the person knows to be false information, commits a felony of the third degree, punishable as provided in s. 775.062, s. 775.063, or s. 775.064. (14)(a) A sexual offender must report in person each year during the month of the sexual offender's birthday and during the sixth month following the sexual offender's birth month to the sheriffs office in the county in which he or she resides or is otherwise located to reregister. (l1) However, a sexual offender who Is required to register as a result of a conviction for: I. Section 787.01 or s. 787.02 where the victim Is a minor and the offender is not the victim's parent or guardian; EFTA00233579
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2. Section 794.011 excluding s. 794.011(10); 3. Section 800.04(4)(b) whore the court finds the offense involved a victim under 12 years of age or sexual activity by the use of force or coercion; 4. Section 500.04(5)(b); 5. Section 500.04(5)(c)1. where the court finds molestation involving unclothed genitals or genital area; 6. Section 600.04(5)c.2. whore the court finds molestation involving unclothed genitals or genital area; 7. Section 800.04(5)(d) where the court finds the use of force or coercion and unclothed genitals or genital area; II. Any attempt or conspiracy to commit such offense; or 9. A violation of a similar law of another Jurisdiction, must reregister each year during the month of the sexual offender's birthday and awry third month thereafter. (c) The sheriffs office may determine the appropriate times and days for reporting by tie sexual offender, which shall be consistent with the reporting requirements of this subsection. Reregistration shall include any changes to the following information: 1. Name; social security number; age; race; sex; date of birth; height; weight; hair and eye color; address of any permanent residence and address of any currant temporary residence, within the state or out of state, including a rural route address and a post office box; any electronic mail address and any instant message name required to be provided pursuant to paragraph (4)(d); date and place of any employment; vehicle make, model, color, and license tag number; fingerprints and photograph. A post office box shall not be provided In lieu of a physical residential address. 2. Ii the sexual offender is enrolled, employed, or carrying on a vocation at an institution of higher education In this state, the sexual offender shalt also provide to the department the name, address, and corny of each institution, including each campus attended, and the sexual offender's enrollment or employment status. 3. If the sexual offender's place of residence is a motor vehicle, trailer, mobile home, or manufactured home, as defined in chapter 320, the sexual offender shall also provide the vehicle identification number; the license tag number; the registration number; and a description, including color scheme, of the motor vehicle, trailer, mobile home, or manufactured home. If the sexual offender's place of residence is a vessel, live-aboard vessel, or houseboat, as defined In chapter 327, the sexual offender shall also provide the hull identification number; the manufacturer's serial number; the name of the vessel, live-aboard vessel, or houseboat; the registration number; and a description, including color scheme, of the vessel, live-aboard vessel or houseboat. 4. Any sexual offender who fails to report in person as required at the sheriffs office, or who falls to respond to any address verification correspondence from the department within 3 weeks of the date of the correspondence or who fails to report electronic mail addresses or EFTA00233580
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Instant message names, commits a felony of the third doiree, punishable as provided in s. 775.062, s. 775.083, or s. 775.084. (d) The sheriffs office shall, within 2 working days, electronically submit and update all information provided by the sexual offender to the department in a manner proscribed by the department. STATE OF FLORIDA • PALM BEACH COUNT I hereby certify that the foregoing is a true copy of the recori in my office. THIS... _D 20 K OLLER BY DEPUTY CLERK EFTA00233581
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SINC MOTN W1/45CAL NIA- EFTA00233582
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THE PALM BEACH POST MONDAY, JUNE IS, 4009 The Palm Beach Post ALEX TAYLOR, Publisher TIM BURKE, Executive Editor RANDY SCHULTZ, Editor of the Editorial Page Unseal the Epstein deal A rich, middle-aged Palm Beecher who preyed on girls almost 40 years younger already has received too many breaks from the system. He doesn't deserve another. In July 2008, at the age of 55 and after paying the equiva- lent of a small country's gross domestic product in legal fees, Jeffrey Epstein escaped federal charges and pleaded guilty in state court to a pair of charges related to his luring five girls — ages 14 to 17 — to his house. The girls undressed and massaged him in return for $200 to $300. HO serving only 18 months in the. Palm Beach County Jail, and he's serving only nights. And now he wants just one more favor. When Epstein entered his state plea, the terms of his federal deal were sealed from the public. That violated normal procedures. Attor- neys for some of the victims, who ' have filed civil lawsuits, want that plea deal unsealed, probably because the details would help their cases. But given the nature of this case, there% also a public interest One con- dition of the federal plea, for example, was that he take the state deal. That's why The Post also is seeking to have the file unsealed. Epstein% lawyers, Epstein Palm Beach sex offender deserves no more breaks. of course, want it kept secret. Last week, a Palm Beach County judge set a hearing for June 25. Epstein attorney Jack Goldberger claims that the file should stay sealed to protect the "orderly administration of justice" and "protect a compelling government interest." Oh, and third parties might get hurt. The compel- ling interest is Epsteinh, and there is no privacy issue since the victims themselves are making the request Palm • Beach police spent 11 months investigating Epstein, only to see then-State Attorney Barry Krischer kick the case to a grand jury. Mr. Krischer backed off when one of Epstein's gold-plated attor- neys, Alan Dershowitz, announced that some of the victims had posted MySpace comments about their alco- hol and marijuana use. Epstein% "best" defense has been that he didn't know the girls were underage. "How he verified that," Mr. Goldberger said, "I don't know" Investigators found a high school transcript in Epstein's house. He didn't know? The public should know what Jeffrey Epstein did, and what the system did for him. EFTA00233583
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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT, IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO. 2008CF009381A DIVISION W STATE OF FLORIDA vs. JEFFREY EPSTEIN, Defendant. MOTION TO MAKE COURT RECORDS CONFIDENTIAL Comes now the Defendant, JEFFREY EPSTEIN, by and through his undersigned attorney's, pursuant to Florida Rule of Judicial Administration 2.420 and the Administrative Orders of this Court , specifically AO 2.303 and moves this Court to treat as confidential the following records. A. A document referred to as "Non-Prosecution Agreement" filed under seal in the court file on July 2, 2008. B. A document referred to as "The Addendum to the Non-Prosecution Agreement" filed under seal in the court file on August 25, 2008. 1. The above referenced documents were Ordered Sealed at a hearing held before the Honorable Judge Deborah Dale Pucillo on June 30, 2008. 2. A Motion to Vacate Order Sealing Records and Unseal Records was filed by Non-Party EW on or about May 15, 2009. 3. A Motion to Intervene and Petition for Access was filed by Non-party Palm Beach Post on June 1, 2009. 4. This Court granted Non-Party E.W. and Palm Beach Post Motion to Intervene on June 10, 2009 but took no immediate action on E. W.'s Motion to Vacate Order Sealing Records and Unsealing Records or on Palm Beach Posts Petition For Access, pending a further hearing. EFTA00233584
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5.. The documents should remain confidential for the following reasons: a. To prevent a serious imminent threat to the fair, impartial, and orderly administration of justice. b. To protect a compelling government interest. c. To avoid substantial injury to innocent third parties. d. To avoid substantial injury to a party by disclosure of matters protected by a common law and privacy right, not generally inherent in these specific type of proceedings, sought to be closed. WHEREFORE, Defendant moves this Honorable Court to enter an Order keeping the above referenced records confidential, and maintaining them under seal. I HEREBY CERTIFY that this motion is made in good faith and supported by a sound and factual legal basis. CK A. GOLDBERGER, ESQ. WITNESS my hand and seal in the County and State last aforesaid this 11 day of June, 2009. Notary Public State of Fl My Commission Expires EFTA00233585
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CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via ei711.S. Mail; /Facsimile; o Overnight Delivery to R. Alexander Acosta, United States Attorney's Office-Southern District, 500 S. Australian Ave., Suite 400, West Palm Beach, FL 33401, Judith Stevenson Areo, Esq., State Attorney's Office- West Palm Beach, 401 North Dixie Highway, West Palm Beach, FL 33401, William J Berger, Esq., ROTHSTEIN ROSENFELDT ADLER, Bradley J. Edwards, Esq., ROTHSTEIN ROSENFELDT ADLER, 4 Shullman, Robert D. Critton, BURMAN, CRITTON, LUTTIER, & COLEMAN, . this 11 day of June, 2009. Deanna K. BURMAN, CRITTON, LUTTIER & COLEMAN ATTERBURY, GOLDBERGER & WEISS, P.A. OBERT D. CRITTON, ESQ. lorida Bar No.224162 rt aL CK A. GOLDBERGER, ESQ lorida Bar No. 262013 EFTA00233586
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di\ v t 11.1\:,\??Er%Yi;ERBUilkitilLUDBERGbR `NESS, June 11, 2009 Honorable Jeffrey Colbath Palm Beach County Courhouse 205 North Dixie Highway West Palm Beach, Florida 33401 RE: State of Florida Jeffrey Epstein Case No. 2008 CF009381A Dear Judge Colbath, JOSEPH R.ATTERBURY JACK A. GOLDBERGER JASON S.WEISS Board Certified Criminal Trial Attorney Member of New Jersey & Florida Bars Enclosed please find a courtesy copy of Jeffrey Epstein's Motion to Make Court Records Confidential filed with the Clerk of the Court on June 11, 2009. Very jfuly yours, a4Ac A. Goldberger, Esq. JAG/cg Enc. cc: Alexander Acosta, U.S. Attorney Judith Stevenson Arco, State Attorney William Berger, Esq. Bradley Edwards, Esq. Deanna Shullman, Esq. Robert Critton, Esq. EFTA00233587
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AFTERBURY GOLDBERGER WEISS. Alexander Acosta United States Attorney's Office Southern District 500 S. Australian Ave. Suite 400 West Palm Beach, Florida 33401 33623+6237" "" "" lid EFTA00233588