Randal Babiuk

Child porn defendant gets deferred sentence



ELLSWORTH — A Bar Harbor man last week pleaded guilty to possessing sexually explicit images of children in a deferred sentencing agreement with prosecutors.

Randal Babiuk is to serve a one-year deferred sentence, which, if he successfully meets the terms of the agreement, will result in a felony level charge being dropped to a misdemeanor, according to Hancock County District Attorney Matt Foster. Babiuk entered his plea Aug. 14 in Hancock County Unified Criminal Court.

Babiuk was arrested in August of last year on a Class C charge of possessing sexually explicit material of children under the age of 12. The arrested followed an investigation by the Maine State Police Computer Crimes Unit that began in January 2013. In December 2014, Babiuk waived his right to have his case go before a grand jury.

After completing his deferred disposition, Babiuk’s criminal record would reflect he is guilty of a Class D possession of sexually explicit material charge, not the Class C crime he was charged with initially, Foster said.

Class C crimes are punishable by up to five years in prison and/or a $5,000 fine. For Class D crimes, a defendant faces up to one year in jail and/or a $2,000 fine.

Foster said the state agreed to the misdemeanor charge after Babiuk’s attorney, Jeffrey Toothaker, presented the district attorney’s office with a psychological evaluation of his client late last week.

“That significantly reduced the state’s concerns,” Foster said.

Under the agreement, Babiuk is to serve no jail time and pay a $1,000 fine. In addition, he is to participate in psychological counseling and abide by other conditions that include no contact with children under the age of 12 and no viewing or possession of sexually explicit materials.

Court records indicate that Babiuk first came to the attention of the state police computer crimes task force when a detective observed a specific Internet address sharing “files of interest.” As a result, the attorney general’s office issued a subpoena to Time Warner, the Internet provider, to obtain the name of the person using that address. That person was Babiuk.

In March 2013, detectives spoke with Babiuk at his home in Bar Harbor. During that interview, Babiuk stated that he lived alone and had no children. He said he had two laptop computers, one that he used for work and the other used primarily for watching movies and playing music. Upon further questioning, Babiuk admitted to downloading child pornography, telling detectives that he had been viewing these types of images for some time. He claimed his interest was as “a voyeur,” and that he has never abused a child, court records state.

At that time, Babiuk allowed detectives to seize his computer for analysis. Detectives later found more than 300 pornographic images of boys between the ages of five and 16, as well as numerous movies stored on the computer’s hard drive. Some of the images were of adults abusing children.

None of the images are believed to be of children from Maine, police have said.

Mark Good

Mark Good

Reporter at Mount Desert Islander
Mark Good

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