Chief U.S. District Judge Jimm Larry Hendren also ordered Bain to pay a fine of $25,000.
Bain pleaded guilty on May 25 to two counts of a 10-count indictment. Those two counts charged him with using a minor in his custody and control to produce child pornography with materials that were transported in interstate and foreign commerce.
Rogers Police Department investigators were contacted by one of the victims, who told them that Bain had taken nude photographs of him when he was a juvenile and under the care of Bain as a foster child. The minor stated he had been forced by Bain to pose for naked photos. He stated that on several occasions Bain took photos of him and one of his friends, both minors at the time, swimming naked on camping trips with Bain. The victim told officers that Bain had also sexually assaulted him and his friend while they were minors during one of these camping trips. The victim gave investigators 47 nude photos of himself that had been taken by Bain when he was a minor.
A search warrant was obtained and executed on Sept. 21, 2009, at Bain's residence in Rogers. Officers seized a computer, a digital camera and several photos of images depicting child pornography and arrested Bain later that day. A forensics examination was made of the computer, camera and several photos of known child victims. An interview was conducted with one of the victims who confirmed he had also been sexually assaulted on a camping trip with Bain when he was a minor. He identified a photo that was taken of him during the assault on the camping trip.
"All children have an absolute right to grow up free from the fear of sexual exploitation," said Raymond R. Parmer, Jr., special agent in charge of the ICE HSI office in New Orleans. "HSI relentlessly pursues predators who sexually abuse children, whether that abuse is physical in nature or if it is accomplished by exploiting their images. The sentencing of Bain sends a strong message that HSI will not tolerate such despicable crimes. Our agents will continue to police cyberspace and target those who exploit one of the most defenseless segments of our society -- our children."
This case was part of Operation Predator, which is a nationwide ICE initiative to protect children from sexual predators, including those who travel overseas for sex with minors, Internet child pornographers, criminal alien sex offenders, and child sex traffickers.
ICE encourages the public to report suspected child predators and any suspicious activity through its toll-free hotline at 1-866-DHS-2ICE. This hotline is staffed around the clock by investigators.
Suspected child sexual exploitation or missing children may be reported to the National Center for Missing and Exploited Children, an Operation Predator partner, at 1-800-843-5678 or http://www.cybertipline.com.