EFTA00180987

A62

Recommendation of Board of Examiners of Sex Offenders, Including Risk Assessment Instrument, dated August 19, 2010 and Case Summary, dated August 23, 2010

<table><tr><td>Offender Name:</td><td>JEFFREY E EPSTEIN</td></tr></table>

The following is the Board of Examiners of Sex Offenders’ recommendation pursuant to Section 168-4 of Article 6-C of the NYS Correction Law as to whether the offender shall be designated a Sexually Violent Offender, Predicate Sex Offender, or Sexual Prejudice as defined in subdivision seven of Section 168-4-a or whether the offender does not fit any of those categories due to his conviction.

Please check all that apply:

1. Sexually Violent Offender – a sex offender who has been convicted of a sexually violent offense defined in Correction Law section 168-4(a).

Please check which conviction(s) apply, also please indicate whether the conviction was for an attempt at an offense:

| Attempt | Amount |
| :--- | :--- |
| ___ | ___ |
| 130.35 - Rape 1st degree | 130.57 - Persistent sexual abuse |
| ___ | ___ |
| 130.50 - Sodomy 1st degree/Criminal Sex Act 1st degree | 130.65 - A - Aggravated sexual abuse 4th degree |
| ___ | ___ |
| 130.65 - Sexual Abuse 1st degree | 130.90 - Facilitating a sex offense with a controlled substance |
| ___ | ___ |
| 130.66 - Aggravated sexual abuse 3rd degree | a conviction of a sex offense for an attempt to commit any provisions of the forgiving sessions committed or attempted at a hate crime defined in section 483.05 of the penal law or as a crime of terrorism defined in section 490.25 of such law. |
| ___ | ___ |
| 130.70 - Aggravated sexual abuse 1st degree | a conviction of an offense in any other jurisdiction which includes all of the essential elements of any such felony provided for above in all of the law in any other jurisdiction for which the offender is required to register as a sex offender in the jurisdiction which the conviction occurred. |
| ___ | ___ |
| 130.75 - Course of sexual conduct against a child 1st degree | |
| ___ | ___ |
| 130.80 - Course of sexual conduct against a child 2nd degree | |

2. Predicate Sex Offender – a sex offender who has been convicted of an offense set forth in subdivision 2 or 3 of Correction Law Section 168-4 when the offender has been previously convicted of an offense set forth in subdivision 2 or 3 of Section 168-4, regardless of the date of the prior conviction and regardless of whether the offender was required to register for the previous conviction.

Please identify below the offenders previous qualifying conviction(s) as well as the offender’s current qualifying conviction, also please indicate whether the conviction was for an attempt at an offense.

| Current Precision | Current Precision | Current Precision | Current Precision |
| :--- | :--- | :--- | :--- |
| 130.20 - Sexual Misconduct | 130.60 - Sexual Abuse 2nd degree | 135.20 - Kidnapping 2nd degree |
| ___ | ___ | ___ | ___ |
| 130.25 - Rape 3rd degree | 255.25 - Incest | 135.25 - Kidnapping 1st degree |
| ___ | ___ | ___ | ___ |
| 130.30 - Rape 2nd degree | Article 263 offense - Sexual Performance by a Child |
| ___ | ___ | ___ | ___ |
| 130.40 - Sodomy 3rd degree/Criminal Sex Act 3rd | 135.05 - Unlawful Imprisonment 2nd degree |
| ___ | ___ | ___ | (*Note: 135.05, 135.10, 135.20, 135.25, the victim must be less than 17 years old and the offender must not be the parent of the victim)* |
| 130.45 - Sodomy 2nd degree/Criminal Sex Act 2nd | 135.10 - Unlawful Imprisonment 1st degree |
| ___ | ___ | ___ | ___ |

Continued on the next page.

EFTA00180988

<table border="1"><tr><td>Current Precedent</td><td>Alternative</td><td>Current Excuses</td><td>Attorneys</td></tr><tr><td></td><td>230.04- Patronizing a prostitute 1st degree (victim&lt;17 years old)</td><td></td><td>130.35- Rape 1st degree</td></tr><tr><td></td><td>230.05- Patronizing a prostitute 2nd degree</td><td></td><td>130.50- Sodomy 1st degree/Criminal Sexual Act 1st degree</td></tr><tr><td></td><td>230.06- Patronizing a prostitute 1st degree</td><td></td><td>130.65- Sexual Abuse 1st degree</td></tr><tr><td></td><td>230.30(2)- Promoting prostitution 2nd degree</td><td></td><td>130.66- Aggravated sexual abuse 3rd degree</td></tr><tr><td></td><td>230.32- Promoting prostitution 1st degree</td><td></td><td>130.67- Aggravated sexual abuse 2nd degree</td></tr><tr><td></td><td>235.22- Disseminating indecent material to minors 1st degree</td><td></td><td>130.70- Aggravated sexual abuse 1st degree</td></tr><tr><td></td><td>a conviction of or a conviction for an attempt to commit a listed sex offense committed or attempted as a hate crime defined in section 485.05 of the penal law or as a crime of terrorism defined in section 490.25 of such law.</td><td></td><td>130.75- Sexual conduct against a child 1st degree</td></tr><tr><td></td><td>130.52- Forcible touching (victim&lt;18 years old)</td><td></td><td>130.80- Course of sexual conduct against a child 2nd degree</td></tr><tr><td></td><td>130.55- Sexual abuse 3rd degree (victim&lt;18 years old)</td><td></td><td>130.53- Persistent sexual abuse</td></tr><tr><td></td><td>Conviction Attempt to commit any provision of 130.52 or 130.54 of the penal law committed or attempted as a hate crime defined in section 485.05 of the penal law or as a crime of terrorism defined in section 490.25 of such law.</td><td></td><td>130.65-a- Aggravated sexual abuse 4th degree</td></tr><tr><td></td><td>Conviction Attempt to commit any provision of 130.52 or 130.54 of the penal law committed or attempted as a hate crime defined in section 485.05 of the penal law or as a crime of terrorism defined in section 490.25 of such law.</td><td></td><td>130.90- Facilitating a sex offense with a controlled substance a conviction of a conviction for any attempt to commit any provision of a hate crime defined in section 485.05 of the penal law or as a crime of terrorism defined in section 490.25 of such law.</td></tr><tr><td></td><td>A conviction of (i) an offence in any other jurisdiction which includes all of the essential elements of any such crime provided for in Correction Law Section 168.4(a)(2), or (i) a bloody injury in any other jurisdiction for which the offender is required to be convicted of such crime provided for in Correction Law Section 168.4(b), or (ii) any of the provisions of 18 U.S.C. 225A, 225B, 225C, 225D, 225E, 225F, 225G, 225H, 225I, 225J, 225K, 225L, 225M, 225N, 225O, 225P, 225Q, 225R, 225S, 225T, 225U, 225V, 225W, 225X, 225Y, 225Z,

EFTA00180989

<table border="1"><tr><td>Offender Name:</td><td>JEFFREY E EPSTEIN</td></tr><tr><td>NYSID #:</td><td>OS1909</td></tr><tr><td>Docket #:</td><td></td></tr><tr><td colspan="2">RISK LEVEL:3</td></tr><tr><td>Assessor&#x27;s Signature</td><td>sw_d_wh</td></tr><tr><td>Date:</td><td>8-19-10</td></tr></table>

A64

<table border="1"><tr><td colspan="4">SEX OFFENDER REGISTRATION ACT
RISK ASSESSMENT INSTRUMENT</td></tr><tr><td>RISK FACTOR</td><td colspan="2">VALUE</td><td>SCORE</td></tr><tr><td>III. POST-OFFENSE BEHAVIOR</td><td></td><td></td><td></td></tr><tr><td rowspan="2">12. Acceptance of Responsibility
Not accepted responsibility
Not accepted responsibility / refused or expelled from treatment</td><td>+10</td><td></td><td rowspan="2">0</td></tr><tr><td>+15</td><td></td></tr><tr><td rowspan="2">13. Conduct while confined / supervised
Unsatisfactory
Unsatisfactory with sexual misconduct</td><td>+10</td><td></td><td rowspan="2">0</td></tr><tr><td>+20</td><td></td></tr><tr><td>IV. RELEASE ENVIRONMENT</td><td></td><td></td><td></td></tr><tr><td rowspan="3">14. Supervision
Release with specialized supervision
Release with supervision
Release without supervision</td><td>0</td><td></td><td rowspan="3">0</td></tr><tr><td>+5</td><td></td></tr><tr><td>+15</td><td></td></tr><tr><td>15. Living / employment situation
Living or employment inappropriate</td><td>+10</td><td></td><td>0</td></tr><tr><td colspan="3">COLUMNS 12-15 SUBTOTAL</td><td>0</td></tr><tr><td colspan="3">COLUMNS 1-11 SUBTOTAL</td><td>130</td></tr><tr><td colspan="3">TOTAL RISK FACTOR SCORE (add 2 subtotals)</td><td>130</td></tr><tr><td colspan="4">1 2 X</td></tr></table>

<table border="1"><tr><td colspan="4">SEX OFFENDER REGISTRATION ACT
RISK ASSESSMENT INSTRUMENT</td></tr><tr><td>RISK FACTOR</td><td colspan="2">VALUE</td><td>SCORE</td></tr><tr><td>L CURRENT OFFENSE(S)</td><td colspan="3"></td></tr><tr><td>1. Use of Violence
Used forible compulsion
Inflicted physical injury
Armed with a dangerous instrument</td><td>+10
+15
+30</td><td>X</td><td rowspan="2">10
25</td></tr><tr><td>2. Sexual Contact with Victim
Contact over clothing
Contact under clothing
Sexual intercourse, deviate sexual intercourse or aggravated sexual abuse</td><td>+5
+10
+25</td><td>X</td></tr><tr><td>3. Number of Victims
Two
Three or more</td><td>+20
+30</td><td></td><td rowspan="2">30
20</td></tr><tr><td>4. Duration of offense conduct with victim
Continuing course of sexual misconduct</td><td>+20</td><td>X</td></tr><tr><td>5. Age of victim
11 through 16
10 or less, 63 or more</td><td>+20
+30</td><td>X</td><td>20</td></tr><tr><td>6. Other victim characteristics
Victim suffered from mental disability or incapacity or from physical helplessness</td><td>+20</td><td></td><td>0</td></tr><tr><td>7. Relationship with victim
Stranger or established for purpose of victimizing or professional relationship</td><td>+20</td><td>X</td><td>20</td></tr><tr><td>11. CRIMINAL HISTORY</td><td colspan="3"></td></tr><tr><td>8. Age at first act of sexual misconduct
20 or less</td><td>+10</td><td></td><td>0</td></tr><tr><td>9. Number and nature of prior crimes
Prior history/no sex crimes or felonies
Prior history/non-violent felony
Prior violent felony, or misdemeanor sex crime or endangering welfare of a child</td><td>+5
+15
+30</td><td>X</td><td rowspan="3">5</td></tr><tr><td>10. Recency of prior offense
Less than 3 years</td><td>+10</td><td></td><td>0</td></tr><tr><td>11. Drug or Alcohol abuse
History of abuse</td><td>+15</td><td></td><td>0</td></tr><tr><td>COLUMNS 1-11 SUBTOTAL</td><td></td><td></td><td>130</td></tr></table>

<table border="1"><tr><td>Level 1(low)</td><td>=</td><td>0 to +70</td></tr><tr><td>Level 2(moderate)</td><td>=</td><td>+75 to +105</td></tr><tr><td>Level 3(high)</td><td>=</td><td>+110 to +300</td></tr></table>

Note: The Sex Offender Registration Act requires the court or Board of Examiners of Sex Offenders to consider any victim impact statement in determining a sex offender’s level of risk.

EFTA00180990

A65

| RE: | JEFFREY E EPSTEIN |
| :--- | :--- |
| NYSID #: | OS1909 |

DATE: 8/23/2010

## CASE SUMMARY

This assessment is based upon a review of the inmate's file which may include but is not limited to the pre-sentence investigation, prior criminal history and post-offense behavior.

Jeffrey Epstein is a 57-year-old sex offender who pled guilty in the state of Florida on 6/30/2008 to two felony sex offenses, Procuring a Person Under 18 for Prostitution and Felony Solicitation of Prostitution. He was sentenced to 12 months in jail followed by 12 months of Community Control.

It would appear he was convicted in London England of Unlawful Possession of an Offensive Weapon, a Sword Stick, and was sentenced to a Conditional Discharge on 1/4/1973.

Regarding the instant offense, Epstein was approximately 51 years of age on or about the year 2005 when he sexually assaulted numerous females between the approximate ages of 14 and 17. Most of the victims were recruited by one of Epstein's female employees from a local high school in the Palm Beach Florida area. Some of the female participants were age 18 or older. The contact included vaginal intercourse, mouth to vagina sodomy, the touching of the breasts and vagina, placing his fingers inside the vagina and Epstein using a vibrator on the victim's vaginal area. The available police reports from the Palm Beach Police Department include conversations with numerous female victims who in most cases, did not know Epstein when they were victimized. Most of the females were embarrassed to speak with police regarding what had happened to them while they were at Epstein's home. Sworn statements were taken from at least five victims and seventeen witnesses concerning massages and unlawful sexual activity that took place at the residence of Jeffrey Epstein. Most of the victims were paid at least $200.00 each time they performed a massage.

The victims were told they would be giving Epstein a massage and they were escorted to his bedroom. Most victims noted numerous pictures of naked young females, (some of the photos depicted females who would be eventually interviewed by police), on display throughout the home. The offender would enter the room only wearing a towel. In most cases he would remove the towel and ask the victim to remove her clothing. In some cases he would masturbate into a towel while receiving a massage. In other cases he would touch the breasts or vagina of the victim with his hands or use the vibrator. One 14 year old described how Epstein touched her vaginal area with a vibrator and thereafter, when contacted by law enforcement, she had to identify the offender through the use of a photo array. Another 16-year-old victim described giving Epstein massages for two years and at times, he grabbed her buttocks and caressed her butt cheeks as she gave him a massage. Another 16-year-old described going to the offender's home at least 100 times. He would touch her breasts, insert his fingers into her vagina and sometimes use the vibrator on her while masturbating. He would also pay this underage victim to have sex with a female friend while he watched. Occasionally, he would join both girls and perform oral sex on both. This 16-year-old victim described for police how one time, Epstein turned her over on the massage table and forcibly raped her. When she screamed, "NO," he stopped and subsequently apologized for his actions.

The offenders conduct while on Community Control will be considered satisfactory and he does not have a history of substance abuse. Based upon his plea of guilty, Epstein will be credited with accepting responsibility for his actions. He will be scored for sexual and deviate sexual intercourse, forcible compulsion, numerous victims and their ages, a continued course of sexual misconduct, a prior misdemeanor conviction in England absent specific information, for his stranger relationship to most victims and for establishing a relationship with these underage girls for the purpose of victimization.

The Board acknowledges correspondence received from the offender's attorney.