A 51-year-old man was sentenced Friday in Anchorage Superior Court to 12 years in prison for possessing child pornography. The state argued repeat offenses and admission of "hands-on" sex abuse of minors made the defendant's conduct worse.
Judge Michael Wolverton said he would have been inclined to sentence Randell Rowton above the high end of the presumptive sentencing range for possession of child porn, between 12 and 20 years, if he hadn't heard from Rowton and his attorney.
"I take full responsibility for my actions," Rowton told the judge. He asked the judge to impose a restriction on computer use upon release. That was what got him into trouble, he said.
Rowton's crimes stem from his possession of "commercial" child porn, according to the state's sentencing document.
Defense attorney Chong Yim argued the images Rowton got hold of, 13 by Yim's count, were of nude children and did not depict child sexual exploitation. He also said the case was atypical due to his client's admission to past offenses.
According to the state, Rowton disclosed prior incidents in Oregon in which he sexually abused children. He divulged during a sex offender risk assessment, conducted while he was in custody, that he served 30 days in 1986 for fondling a 10-year-old girl. He also abused two other girls, ages 4 and 7, though the court document does not say when the abuse occurred.
Assistant attorney general Adam Alexander argued that the imposed sentence should strike a balance between Rowton's willingness to accept responsibility and the crimes, as well as recognition of decades of continued behavior.
"He does report that he continues to be sexually aroused by the sight of children," Alexander said.
Rowton was previously convicted of child porn possession in a 2008 case in Palmer. He was on probation in that case when arrested for the same crime, and as a result he isn't eligible for good time -- he'll be required to serve the entirety of his sentence.
In addition to Rowton's jail time, the prosecutor is requesting restitution for "two classes of victim." Compensation is warranted for one of his sexual abuse victims, as well as children in the materials seized by police, Alexander argued.
It's the second time the state prosecutor has sought restitution for victims identified in child porn. Alaska law generally requires the court collect restitution for victims of crimes. The question of whether restitution is appropriate in cases of child pornography possession was recently addressed in the Supreme Court case Paroline v. United States.
The higher court grappled with whether defendants who possess images of victims "should be made liable for the victim's entire losses from the trade" of those images. It decided some fair measure of restitution can be imposed.
Last week, Alexander requested restitution for five victims identified in the National Center for Missing and Exploited Children, a clearinghouse for victim information, related to the case against former Air Force Maj. Peter Christopher Davis. Davis stands accused of possessing hundreds of child porn images.
Alexander has started the process of attempting to identify potential victims in Rowton's case. He said he'd request restitution in similar cases until an Alaska Superior Court judge rules on whether the state's offenders should offer up money to victims of child porn.
The possession of child porn creates a "perpetual victimization," he said. "Victims spend their lives knowing people are continuing to get sexual gratification" from the images.
He disagreed with defense attorney Yim's assessment that Rowton's offense was not a "crime of violence."
"It's a standalone offense with its own set of victims," Alexander said.