INDIAN RIVER COUNTY, Fla. -- A new plea deal has been offered to Kaitlyn Hunt.
Hunt was charged with having sex with a 14-year-old female schoolmate when she was 18-years-old.
A plea deal that had been in place in August was withdrawn after the prosecution alleged Hunt had been sending thousands of text messages to the alleged victim, including naked pictures.
She has been in jail ever since.
Hunt was charged in February with the two lewd and lascivious counts, and jailed. She posted $5,000 bail then and was released, with the pretrial court order prohibiting her from contact with the victim.
According to court records sheriff’s investigators say that after Hunt’s arrest on Feb. 16, she violated a court no-contact order by having repeated contact with the victim. In some instances that included their secretly meeting and having physical contact.
Assistant State Attorney Chris Taylor said the offer was made Tuesday afternoon, and so far there's no reply. The plea was crafted after prosecutors discussed the offer with Hunt and her family, he said.
Melissa E. Holsman, Scripps Treasure Coast Newspapers contributed to this report.
The terms of the new plea deal are below:
PHOTOS: Kaitlyn Hunt hearing: 08/20/13 (http://bit.ly/1cYdbKM)
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:
• 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.
• The defendant shall have no contact directly or indirectly, including electronically or through third parties, with victim C.S.
• If C.S. initiates contact with the defendant, the defendant shall not respond in any manner.
• 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.
• 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.
• 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.
• The defendant shall complete 150 hours of community service at a minimum 15 hours per month commencing upon her release from jail.
• 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.
• The defendant shall submit to electronic (GPS) monitoring during the entire term of supervision, commencing upon her release from jail.
• 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.
• During the term of probation, the defendant shall observe a curfew from 11:00 p.m. to 5:00 a.m.
• 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.
• 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.
• 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.
• 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:
• No felony conviction unless the defendant violates community control or probation.
• No sex offender registration.
• 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.