Bourbon man avoids 15-year sentence in child porn case, gets probation

gkocher1@herald-leader.comNovember 12, 2013 

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PARIS — A judge granted five years' probation Tuesday to a Bourbon County man who faced a potential 15-year prison sentence after pleading guilty to possession of child pornography.

However, if Brian Hafley, 30, of Paris violates conditions of his probation during those five years, he would serve the total 15-year sentence.

Bourbon Circuit Judge Paul Isaacs granted probation during formal sentencing.

Hafley must register as a sex offender, and he is already enrolled in a treatment program for sex offenders, Commonwealth's Attorney Gordie Shaw said.

Hafley had no criminal record before his arrest, and he apparently had not distributed any of the 1,800 images found on the computer of his home in Paris. Also, a pre-sentence evaluation determined him to be a low risk as a child predator.

Hafley's arrest in August 2012 was announced by state Attorney General Jack Conway's office.

An undercover investigation by cybercrimes investigators led to the computer images, and Hafley was charged with possession of matter portraying a sexual performance by a minor. A Bourbon County grand jury indicted Hafley on 10 counts of that charge, a class D felony punishable by one to five years in prison.

On Aug. 13, Hafley pleaded guilty to three of those counts; the other seven were dismissed as part of a plea agreement.

Shaw had recommended a sentence of five years on each count, for a total of 15 years.

Hafley is scheduled to return to court in February to ensure that "he's still on track" in terms of compliance with his probation, Isaacs said.

Greg Kocher: (859) 231-3305. Twitter: @HLpublicsafety.

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