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WAILUKU -- A man who was arrested after trading child pornography online was taken into custody Thursday to serve a 16-month jail term.
Kent Michaud, 63, also was placed on five years' probation.
Michaud was living in Maalaea when he was arrested Feb. 20, 2014, after federal agents and Maui police executed a search warrant at his residence and seized his computer. According to court documents, Michaud sent 20 images of child pornography to a California man in January and February 2013. The images show children being subjected to sexual acts.
"For these images to exist in the first place means that a child was horrendously abused, and that abuse was memorialized in some video or photographic fashion," said Deputy Prosecutor Andrew Martin. "It is bad enough that these child victims have to go through abuse itself.
"But when those images are traded among pedophiles, those children continue to be victims every time someone uses those images for their own sexual gratification."
Michaud had pleaded no contest to second-degree promotion of child abuse.
A plea agreement between the prosecution and defense recommended probation for Michaud.
When he was arrested, Michaud confessed twice, said defense attorney Chris Dunn, who asked for no additional jail for Michaud.
"He's going to have to register for life as a sex offender. That in and of itself is a significant punishment," Dunn said.
"There's no suggestion Mr. Michaud personally victimized any individual," Dunn said.
He said Michaud has no prior criminal history, has been employed and received good conduct medals and certificates of appreciation while serving in the Army infantry from 1974 to 1977.
He initially posted bail in the case about three and a half years ago, when it was dismissed pending further investigation, Dunn said.
In the meantime, he said, Michaud sought help through general and psychosexual counseling.
Michaud's history includes being abused as a child, Dunn said.
"These are photos of crimes that he himself endured," Dunn said. "His offense behavior was a perverse attempt by him to gain some insight."
In court Thursday, Michaud said, "I have been living in remorse over this for close to four years."
"People want to say the internet is their friend," he said. "It is not.
"I had an addiction to pornography," he said. "This has been life shattering for me."
In a letter to the court, Michaud said he feels sorry because he loves children and would never touch or hurt them, Martin said.
"That clearly demonstrates Mr. Michaud has not come to terms with who he is," Martin said. "Because he is a pedophile. He is a person who harms children.
"I don't see how anyone who truly loves children could partake in and trade child pornography."
In recommending an 18-month jail term as part of probation for Michaud, Martin said a jail term would have a "deterrent effect."
"There are people out there just like Mr. Michaud on this island every day who are doing exactly what he did," Martin said. "And they need to know that there are serious consequences for their actions.
"This is not a way to engage in pedophilia without harming children."
Second Circuit Judge Peter Cahill said he reduced the jail term for Michaud by two months because of his efforts at rehabilitation and his attorney's arguments in court.
"There is a certain segment of people out there who might say, 'Well, they're only images,' '' Cahill said. "But there are victims because someone was victimized. The statute seeks to prevent the victimization of children.
"Every time something like this is taken and then transmitted, children are being victimized by somebody and it just continues on."
Michaud was given credit for three days he previously spent in jail. He was ordered not to consume alcohol or illegal drugs and to complete sex offender treatment.
* Lila Fujimoto can be reached at lfujimoto@mauinews.com.