Kaitlyn Hunt, the Florida teenager charged with having sex with her 14-year-old girlfriend during her senior year in high school is getting another chance to plea to lesser charges and escape registering as a sex offender. In case you forgot, Hunt, who initially garnered support via social media from the gay community, turned out to be a less than ideal candidate for victimhood.
Supporters claimed that the lesbian relationship between schoolgirls was being singled out for selective prosecution at the urging of the 14-year-old girlfriends parents. Her parents wrote that Kaitlyn is “not guilty of anything other than a high school romance” and is being prosecuted “because she has a girlfriend.”
Then in August, after Hunt refused a plea bargain from prosecutors, she was arrested for bail violations. From CNN:
Judge Robert Pegg sent Hunt, 19, to jail Tuesday, ordering her held on bond pending trial. She’ll also be limited to communicating with her lawyers, guards, fellow inmates and perhaps a few choice visitors. Hunt was 18 when she was charged with two felony counts of lewd and lascivious battery after allegedly having sexual relations with the girl, who was 14.
Pegg made his ruling after an Indian River Sheriff’s Office detective testified about the contents of an iPod that Hunt had given the younger girl — including more than 20,000 text messages, “explicit” videos and nude pictures — despite a court order that the two not communicate, electronically or otherwise.
“It’s overwhelming that Ms. Hunt has chosen to violate the conditions of her bond deliberately and willfully on several occasions,” Pegg said in explaining his decision.
In addition to the extensive exchange of messages since March — which began days after the no-contact order was issued — Detective Jeremy Shepherd further testified that he’d learned the two had secretively met as recently as a few weeks ago.
Hunt has been in jail since August, but today prosecutors (after consultation with the victim’s family) offered Hunt one last deal. She gets a couple more months in prison, a strict probation, but avoids having to register as a sex offender.
With her support in the gay community now gone, Hunt would be crazy to turn this deal down. Of course she was crazy to turn the first deal down given her actions, so it really remains to be seen what happens next.
The full text of the offer from the State Attorney’s office is below.
To: A. Julia Graves
From: Brian G. Workman, Assistant State Attorney
Re: State v. Kaitlyn Ashley Hunt
Case No. 31-2013-CF-000197-A
CONDITIONAL PLEA OFFER
The defendant is charged with the following in the above case:
COUNT 1. LEWD OR LASCIVIOUS BATTERY
COUNT 2. LEWD OR LASCIVIOUS BATTERY
COUNT 3. TRANSMISSION OF MATERIAL HARMFUL TO MINOR
I am making the following plea offer.
The Defendant will enter a plea of no contest to:
COUNT 1. BATTERY, F.S. 784.03(1)(B) (LESSER-INCLUDED OFFENSE)
COUNT 2. BATTERY, F.S. 784.03(1)(B) (LESSER-INCLUDED OFFENSE)
COUNT 4. INTERFERENCE WITH CHILD CUSTODY, F.S. 787.03 (DIRECT-FILE)
COUNT 5. INTERFERENCE WITH CHILD CUSTODY, F.S. 787.03 (DIRECT-FILE)
COUNT 6. CONTRIBUTING TO THE DEPENDENCY OF A CHILD, F.S. 827.04(1) (DIRECT-FILE)
As to counts 1, 2, and 6 the judge will withhold adjudication and sentence the defendant to 3 months of probation with standard terms and conditions. As to Count 3, the State will file a Nolle Prosequi.
As to counts 4 and 5 the judge will withhold adjudication and sentence the defendant to a total of three years of felony supervision. The first 3 months of supervision will be probation followed by 2 years of community control with the remainder on probation. The following are special conditions:
a. The defendant shall remain in the county jail until December 20, 2013. On that date, she will be released and probation will convert to community control.
b. The defendant shall have no contact directly or indirectly, including electronically or through third parties, with victim C.S.
c. If C.S. initiates contact with the defendant, the defendant shall not respond in any manner.
d. The defendant shall remain at least 500 feet from C.S., her residence, place of work, and school at all times. If the defendant becomes aware that she is within 500 feet of C.S., the defendant shall immediately remove herself to a distance of at least 500 feet.
e. The defendant shall submit to warrantless search and seizure by the probation officer (and law enforcement at the request of the probation officer), of the defendant’s residence, car, phone, and computer.
f. The defendant shall provide the probation officer with immediate and full access to telephone and internet communications including but not limited to: call logs, text logs and messages, instant messaging logs and messages, emails, social media accounts, Skype or similar accounts, and account names, numbers and passwords for all accounts. The defendant shall not use any such account belonging to any other person nor allow any other person to use any such account belonging to her.
g. The defendant shall complete 150 hours of community service at a minimum 15 hours per month commencing upon her release from jail.
h. The defendant shall submit to a DOC-approved psychological evaluation and successfully complete recommended treatment, if any, at her own expense. The defendant shall waive confidentiality regarding all aspects of the evaluation and treatment.
i. The defendant shall submit to electronic (GPS) monitoring during the entire term of supervision, commencing upon her release from jail.
j. Upon successful completion of one year of community control, the defendant may petition the court to convert the remainder to probation with the same terms and conditions.
k. During the term of probation, the defendant shall observe a curfew from 11:00 p.m. to 5:00 a.m.
l. The defendant may transfer probation to any state that will accept supervision. If the defendant transfers out of Florida, electronic monitoring will be discontinued. If the defendant returns to Florida, electronic monitoring will resume immediately.
m. The defendant shall pay restitution to the Crimes Compensation Trust Fund in an amount to be determined, costs of investigation in an amount to be determined, costs of prosecution ($828.00), costs of incarceration, and standard felony court costs in equal monthly installments to commence upon her release from jail. The defendant stipulates that she has the present ability to pay all costs that have accrued as of the date of sentencing.
n. There shall be no early termination of probation. There shall be no modification of the standard or special conditions of community control or probation without the agreement of the State Attorney’s Office.
o. The sentences on all counts are to run concurrently.
In exchange for the defendant’s strict compliance with the terms above, the State is agreeing to the following:
1. No felony conviction unless the defendant violates community control or probation.
2. No sex offender registration.
3. Upon successful completion of the entire sentence and receipt of a Certificate of Eligibility from FDLE, the defendant may petition the court to seal or expunge this case pursuant to F.S. 943.0585.
Please discuss this with the defendant. Although I am not placing a firm deadline on this offer, I would appreciate your prompt written reply. This offer may be withdrawn at any time before it is accepted by the court. If you have any questions please call me.