r 3'v~ns ati ~, y. Ie .,:.a. ^al I ,.:.:Y t i' .. .. SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY Q,F,L~J~ I _ ~E~,FSa. F THE PEOPLE OF THE STATE OF CALIFOR~.IA,~'~~ ~~: Plaintiff, v. J ,~ ! .r►~ ~~4'~'~~~'~L CASE NO. BA~83663 O1 HARVEY WEINSTEIN (DOB:03/19/1952) Defendant) AMENDED FELONY COMPLAINT The undersigned is informed and believes that: COUNT 1 On or about February 18, 2013, in the County of Los Angeles, the crime of ORAL COPULATION BY USE OF FORCE, VIOLENCE, DURESS, MENACE OR FEAR OF IMMEDIATE AND UNLAWFUL BODILY INNRY, in violation of PENAL CODE SECTION 288a(c)(2)(A), a Felony, was committed by HARVEY WEINSTEIN, who did unlawfully participate in an act of oral copulation with JANE DOE #1 and did accomplish said act against said victim's will by force, violence, duress, menace, and fear of immediate and unlawful bodily injury to said victim and to another. "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome (AIDS). Penal Code section 1202.1." "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq. Willful failure to register is a crime." "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c) and a violent felony within the meaning of Penal Code Section 667.5(c)." * ~~** Rev. 900-05/20 DA Case 40613339 Page 1 FELONY COMPLAINT Case No. BA483663 COUNT 2 On or about February 18, 2013, in the County of Los Angeles, the crime of SEXUAL PENETRATION BY USE OF FORCE,VIOLENCE,DURESS, MENACE OR FEAR OF IMMEDIATE AND UNLAWFUL BODILY INJURY,in violation of PENAL CODE SECTION 289(a)(1)(A), a Felony, was committed by HARVEY WEINSTEIN,who committed an act of sexual penetration against the will of JANE DOE #1 by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on JANE DOE #1 and another person. "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq: Willful failure to register is a crime." "NOTICE: Being charged with this criminal offense.can result in mandatory pre-conviction HN/AIDS testing and disclosure of the results to a victim and the Chief Medical Officer of the jail or prison facility where you are incarcerated pursuant to Penal Code Section 1524.1and Health and Safety Code section 121055 following a probable cause hearing resulting in a court order." "NOTICE: The above offense is a serious felony within the meaning of Penal Cade Section 1192.7(c)and a violent felony within the meaning of Penal Code Section 667.5(c)." * ~:~** Rev. 900-05/20 DA Case 40613339 Paqe 2 FELONY COMPLAINT Case No. BA483663_ COUNT 3 On or about February 1$, 2013, in the County of Los Angeles, the crime of RAPE BY USE OF FORCE,VIOLENCE,DURESS,MENACE OR FEAR OF IMMEDIATE AND UNLAWFUL BODILY INJURY,in violation of PENAL CODE SECTION 261(a)(2), a Felony, was.committed by HARVEY WEINSTEIN, who did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, JANE DOE #1, not his/her spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person and another. "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome(AIDS). Penal Code section 1202.1." "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq. Willful failure to register is a crime." ".NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)and a violent felony within the meaning of Penal Code Section 667.5(c)." * ~~** COUNT 4 On or about February 19, 2013, in the County of Los Angeles, the crime of SEXUAL BATTERY BY RESTRAINT,in violation of PENAL CODE SECTION 243.4(a), a Felony, was committed by HARVEY WEINSTEIN,who did willfully and unlawfully touch an intimate part of JANE DOE #2, while said person was unlawfully restrained by said defendants}, HARVEY WEINSTEIN,and an accomplice, against the will of said person and for the purpose of sexual arousal, sexual gratification, and sexual abuse. "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq. Willful failure to register is a crime." ~*~** Rev. 900-05/20 DA Case 40613339 Page 3 FELONY COMPLAINT Case No. BA483663 COUNT 5 On or about May 11, 2010,in the County of Los Angeles, the crime of SEXUAL BATTERY BY RESTRAINT,in violation of PENAL CODE SECTION 243.4(a), a Felony, was committed by HARVEY WEINSTEII~1, who did willfully and unlawfully touch an intimate part of JANE DOE #3, while said person was unlawfully restrained by said defendant(s), HARVEY WEINSTEIN,and an accomplice, against the will of said person and for the purpose of sexual arousal, sexual gratification, and sexual abuse. "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq. Willful failure to register is a crime:" ****~ COUNT 6 On or between September 1, 2004 and September 30, 2005, in the County of Los Angeles, the crime of ORAL COPULATION BY USE OF FORCE,VIOLENCE,DURESS, MENACE OR FEAR OF IMMEDIATE AND UNLAWFUL BODILY INJURY,in violation of PENAL CODE SECTION 288a(c)(2), a Felony, was committed by HARVEY WEINSTEIN,who did unlawfully participate in an act of oral copulation with JANE DOE #4 and did accomplish said act against said victim's will by force, violence, duress, menace, and fear of immediate and unlawful bodily injury to said victim and to another. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(c)." "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq. Willful failure to register is a crime." "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome(AIDS). Penal Code section 1202.1." "NOTICE: Being charged with this criminal offense can result in mandatory pre-conviction HIV/AIDS testing and disclosure of the results to a victim and the Chief Medical Officer of the jail or prison facility where you are incarcerated pursuant to Penal Code Section 1524.1and Health and Safety Code section 121055 following a probable cause hearing resulting in a court order." * *~** Rev. 900-05/20 DA Case 40613339 Page 4 FELONY COMPLAINT Case No. BA483663 COUNT 7 On or between September 1, 2004 and September 30, 2005, in the County of Los Angeles, the crime of RAPE BY USE OF FORCE,VIOLENCE,DURESS,MENACE OR FEAR OF IMMEDIATE AND UNLAWFUL BODILY INJURY,in violation of PENAL CODE SECTION 261(a)(2), a Felony, was committed by HARVEY WEINSTEIN,who did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, JANE DOE #4, not his/her spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person and another. "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome(AIDS). Penal Code section 1202.1." "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq. Willful failure to register is a crime." "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)and a violent felony within the meaning of Penal Code Section 667.5(c)." * **** Rev. 900-05/20 DA Case 40613339 Page 5 FELONY COMPLAINT Case No. BA483663 COUNT 8 On or between November 2, 2009 and December 1, 2009,in the County of Los Angeles, the crime of ORAL COPULATION BY USE OF FORCE,VIOLENCE,DURESS, MENACE OR FEAR OF IMMEDIATE AND UNLAWFUL BODILY INJURY,in violation o~ PENAL CODE SECTION 288a(c)(2), a Felony, was committed by HARVEY WEINSTEIN,who did unlawfully participate in an act of oral copulation with JANE DOE #5 and did accomplish said act against said victim's will by force, violence, duress, menace, and fear of immediate and unlawful bodily injury to said victim and to another. "NOTICE: The above offense is a serious felony within the meaning of Penal Code section 1192.7(c)." "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq. Willful failure to register is a crime." "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome(AIDS). Penal Code section 1202.1." "NOTICE: Being charged with this criminal offense can result in mandatory pre-conviction HIV/AIDS testing and disclosure of the results to a victim and the Chief Medical Officer of the jail or prison facility where you are incarcerated pursuant to Penal Code Section 1524.1and Health and Safety Code section 121055 following a probable cause hearing resulting in a court order." * ***:~ Rev. 900-05/20 DA Case 40613339 Page 6 FELONY COMPLAINT Case No. BA483663 COUNT 9 On or between November 2,2009 and December 1,2009, in the County of Los Angeles, the crime of RAPE BY USE OF FORCE,VIOLENCE,DURESS, MENACE OR FEAR OF IMMEDIATE AND UNLAWFUL BODILY INJURY,in violation of PENAL CODE SECTION 261(a)(2), a Felony, was committed by HARVEY WEINSTEIN,who did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, JANE DOE #S, not his/her spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said~person and another. "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome(AIDS). Penal Code section 1202.1." "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq. Willful failure to register is a crime." "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)and a violent felony within the meaning of Penal Code Section 667.5(c)." * ~*** Rev. 900-05/20 DA Case 40613339 Page 7 FELONY COMPLAINT Case No. BA483663 COUNT 10 On or about November 5,2010, in the County of Los Angeles, the crime of ORAL COPULATION BY USE OF FORCE,VIOLENCE,DURESS, MENACE OR FEAR OF IMMEDIATE AND UNLAWFUL BODILY INJURY,in violation of PENAL CODE SECTION 288a(c)(2)(A), a Felony, was committed by HARVEY WEINSTEIN,who did unlawfully participate in an act of oral copulation with JANE DOE #S and did accomplish said act against said victim's will by force, violence, duress, menace, and fear of immediate and unlawful bodily injury to said victim and to another. "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome(AIDS). Penal Code section 1202.1." "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq. Willful failure to register is a crime." "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)and a violent felony within the meaning of Penal Code Section 667.5(c)." * **** Rev. 900-05/20 DA Case 40613339 Page S FELONY COMPLAINT Case No. BA483663 COUNT 11 On or about November 5,2010, in the County of Los Angeles, the crime of RAPE BY USE OF FORCE,VIOLENCE,DURESS, MENACE OR FEAR OF IMMEDIATE AND UNLAWFUL BODILY INJURY,in violation of PENAL CODE SECTION 261(a)(2), a Felony, was committed by HARVEY WEINSTEIN, who did unlawfully have and accomplish an act of sexual intercourse with a person, to wit, JANE DOE #5, not his/her spouse, against said person's will, by means of force, violence, duress, menace and fear of immediate and unlawful bodily injury on said person and another. "NOTICE: Conviction of this offense will require the court to order you to submit to a blood test for evidence of antibodies to the probable causative agent of Acquired Immune Deficiency Syndrome(AIDS). Penal Code section 1202.1." "NOTICE: Conviction of this offense will require to register pursuant to Penal Code section 290 et seq. Willful failure to register is a crime." "NOTICE: The above offense is a serious felony within the meaning of Penal Code Section 1192.7(c)and a violent felony within the meaning of Penal Code Section 667.5(c)." It is further alleged, within the meaning of Penal Code section 667.61(b),(c)and (e), as to defendant, HARVEY WEINSTEIN,as to count(s)1, 2,3,6, 7,8,9, 10 and 11 that the following circumstances apply: The defendant has been convicted in this case of(1) Rape by Use of Force, Violence, Duress, Menace or Fear of Immediate and Unlawful Bodily Injury in violation of Penal Code §261(a)(2), (2)Oral Copulation by Use of Force, Violence, Duress, Menace or Fear of Immediate and Unlawful Bodily Injury in violation of Penal Code §288a(c)(2), and (3)Penetration by a Foreign Objection by Use of Force, Violence, Duress, Menace or Fear of Immediate and Unlawful Bodily Injury in violation of Penal Code §289(a)(1)(A) against more than one victim. **~** Rev. 900-05/20 DA Case 40613339 ~ Page 9 FELONY COMPLAINT Case No. BA483663 NOTICE: Conviction of this offense will.require the defendant to provide DNA samples and print impressions pursuant to Penal Code sections 296 and 296.1. Willful refusal to provide the samples end impressions is a crime. NOTICE: The People of the State of California intend to present evidence and seek jury findings regarding all applicable circumstances in aggravation, pursuant to Peaal Cnde section 1170(b) and Cunningham v. California (200'7} 549 U.S.27U. NOTICE: A Suspected ChIId Abuse Report(SCAR) may have been generated within the meaning ofPenal Code §~ 11166 and 11168 involving the charges alleged In this complaint. Dissemination of a SCAR is limited by Penal Code §§ 11X67 and 1:1167.5 end a court order is required for full disclosure of the contents of a SCAR NOTICE: Any allegation making a defendant ineligible to serve a state prison sentence in the county,~ail shall not be subject.to dismissal pursuant to Penal Cade § 1385. NUTICE: Conviction of this offense prohibits you from owning, purchasing,receiving, possessing, or having under your custody and control any firearms,and effective January 1,2018, will require you to complete a Prohibited Persons Relinquishment Form ("PPR'~ pursuant to Penal Code § 29810. I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT AND THAT THIS C~~~VIPLAINT, CASE NUMBER BA483663,CONSISTS OF 11 C4UNT(S). Executed at LOS ANGELES,County of Los Angeles, on October 2, 02 JOSHUA BYERS DECLARANT AND COMPLAINANT . .......................................................................................................................................................................... JACKIE LAGEY. DISTRICT ATTORNEY ~a.~.R.~~~~ PAUL THOMPSON,DEPUTY Rev. 900-05!20 DA Case 40613339 Page 10 FELONY COMPLAINT Case No. BA483663 AGENCY: LAPD UO: JOSHUA BYERS ROBBERY/HOMICI DE DR NO.: 180819992 OPERATOR: PT ID NO.: 35673 PRELIM. TIME EST.: 2 DAYS) BOOKING DEFENDANT WEINSTEIN, HARVEY CII NO. PHONE: (213)486-6910 DOB 3/19/1952 NO. BAIL CUSTODY RECOM'D R'TN DATE $5,000,000 Pursuant to Penal Code Section 1054.5(b), the People are hereby informally requesting that defense counsel provide discovery to the People as required by Penal Code Section 1054.3. Rev. 900-05/20 DA Case 40613339 Page 11 FELONY COMPLAINT Case No. BA483663 i~ ~ FELONY COMPLAINT -- ORDER HOLDING TO ANSWER -- P.C. SECTION 872 It appearing to me from the evidence presented that the following offenses) has/have been committed and that there is sufficient cause to believe that the following defendants) guilty thereof, to wit: ( Strike oc~t or add as applicable) HARVEY WEINSTEIN Ct. Charee Charge Range 1 PC 3-6-8 State Prison 288a(c)(2)(A) 2 PC 289(a)(1)(A) 3,6,8 Yrs. State Prison 3 PC 261(a)(2) 3-6-8* State Prison 4 PC 243.4(a) 2-3-4 State Prison 5 PC 243.4(a} 2-3-4 State Prison 6 PC 288a(c)(2) 3-6-8*State Prison 7 PC 261(a)(2) 3-6-8*State Prison 8 PC 288a(c)(2) 3-6-8*State Prison 9 ~ PC 261(a)(2) 3-6-8* State Prison, 10 PC 3-6-8 State Prison 288a(c)(2)(A) 11 PC 261(a)(2) 3-6-8*State Prison Allegation PC 667.61(b)/(e) Alleg. Effect 15 to Life State Prison PC 667.61(b)/(e) PC 667.61(b)/(e) 15 to Life State Prison 15 to Life State Prison PC 667.61(b)/(e) PC 667.61(b)/(e) PC 667.61(b)/(e) PC 667.61(b)/(e) PC 667.61(b)/{e} 15 to Life State Prison 15 to Life State Prison 15 to Life State Prison 15 to Life State Prison 15 to Life State Prison PC 667.61(b)/(e) 15 to Life State Prison I order that the defendants) beheld to answer therefore and be admitted to bail in the sum of: HARVEY WEINSTEIN Dollars and be committed to the custody ofthe Sheriff of Los Angeles County until such bail is given. Date of arraignment in Superior Court will be: HARVEY WEINSTEIN at: in Dept A.M. Date: Committing Magistrate Rev. 900-05/20 DA Case 40613339 Page 12 FELONY COMPLAINT Case No. BA483663