The courthouse at Aberdeen in Brown County, where criminal charges are pending against former state employee Mark Rathbun. (Photo by Makenzie Huber/South Dakota Searchlight)
An investigation of unlawful computer use and computer-generated pornography sharing by a former employee of the state Division of Motor Vehicles has turned up at least 50 victims, South Dakota Attorney General Marty Jackley announced Thursday.
Mark Rathbun, 68, of Aberdeen, was initially indicted in November for solicitation of rape, possession of child pornography and unauthorized use of computer systems. Those charges related to two victims, one of whom he’d been involved in a “domestic relationship” with, according to court documents.
At the time, Jackley said investigators following up on a tip about child pornography found driver’s license images on some of the 30 electronic devices in Rathbun’s home. Jackley’s office declined to outline any connections there may be between the victims of driver’s license data theft and computer-generated pornography, citing the ongoing investigation.
The investigation was likely to turn up more victims, Jackley said at a November press conference.
Attorney general charges former state employee with computer misuse, child porn, rape solicitation
This week, Rathbun was named in an 85-count indictment that references 50 victims. One of the indictment’s 26 counts of child porn possession relates to a video of an unnamed minor engaged in a sex act; the other 25 are tied to “computer-generated” pornographic images of real children, identified by initials. Some of the children’s initials are tied to multiple images.
Eighteen counts involve the alleged dissemination or sale of computer-generated pornography, again involving imagery of real people identified by initials, some of whom were younger than 17.
The remaining 40 charges are for unlawful use of computer systems. The indictment lists 10 counts for accessing “confidential driver’s license data or material pertaining to” victims without specifying exactly what information may have been taken. The rest relate to Rathbun’s alleged copying or obtaining of driver’s license image files.
Based on the initials listed in the indictment, two of the alleged victims of driver’s license data theft were also depicted in computer-generated pornography. One victim whose photo was allegedly lifted from the driver’s license system was depicted in 10 separate computer-generated images.
“We continue to review images found on his electronic devices and will reach out to potential victims for notification,” Jackley said in his Thursday news release.
If convicted on all counts, Rathbun faces up to 395 years in prison.
Rathbun is one of numerous former state employees charged with crimes over the past two years. One former Department of Social Services employee named Lonna Carroll was sentenced to seven years in prison for the theft of $1.8 million from the state across multiple years. Other former state employees have been accused or found guilty of forging food service inspections, falsifying child abuse reports, creating false vehicle titles and issuing themselves a medical marijuana card.
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