MAP Forum

CANTON, S.D. (KELO) — In what attorneys call one of the most unique child porn cases they’ve seen, a Lincoln County man will not go to prison. Tuesday, a Circuit Court Judge sentenced Rocky Hayes, 48, to 120 days on electronic home monitoring with work release.
We first told you about Rocky Hayes in 2022. That’s when authorities searched his Lincoln County home – across the street from an elementary school – after receiving a cyber tip that he possessed an illegal video of a child being raped. Authorities arrested Hayes for possession of child pornography. At the sentencing on Tuesday his defense attorney told the judge he’s never had a case like this and called it an anomaly.

Here is why.
The videos deemed child porn are old. Hayes says he downloaded the videos two decades ago. There were only five videos. Child sex offenders typically have thousands of images and videos. Forensic investigation of his computers found no search history for child porn, either.
A psychosexual evaluation by a doctor who specializes in sex offenders indicated Hayes is not a threat to children or the public.
Hayes was given the opportunity to speak and said his life has been ruined by a legal nightmare because of something foolish he did in his 20s.
He admitted the illegal files were on his computer. In a plea agreement with the Lincoln County States’ Attorney, Hayes pleaded no contest to one count of possession of child pornography. Along with 120 days of electronic home monitoring with work release he will pay a $1,000 fine and will be on supervised probation for four years.

Hayes’ full sentence which was handed down is 10 years in the state penitentiary, but the judge suspended all 10 years.
The charges that Hayes faced stemmed from a cyber tip from the National Center for Missing & Exploited Children.
Lincoln County State’s Attorney Tom Wollman released the following statement concerning the Hayes case.