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A Harlan County man has been sentenced to 10 years in prison after entering a plea of guilty on charges including third-degree rape and criminal possession of matter portraying a minor in a sexual performance.

Brian W. Bailey, of Benham, was sentenced in Letcher County Circuit Court on June 26.

According to a previous report, Kentucky State Police issued a press release stating an indictment warrant was issued as a result of an ongoing investigation by detectives at Kentucky State Police, Post 13, Hazard, on Feb. 9. Bailey, a former teacher at Whitesburg Middle School, was indicted on charges relating to inappropriate contact and communication with a juvenile female.

Bailey was indicted for possession of matter portraying sexual performance of a minor, third-degree rape, and tampering with physical evidence. Bailey was lodged in the Letcher County Jail.

According to the judgement and sentence order entered in Letcher Circuit Court on June 26, Bailey entered pleas of guilty on May 22, to possession of matter portraying a minor in a sexual performance (two counts), third-degree rape, and tampering with physical evidence. The offenses were committed on or about Oct.-Nov. 2023. Bailey was 54 years of age at the time.

The judgment states Bailey appeared in court on June 26, with counsel, the honorable John Combs. Bailey was sentenced to 5 years on each charge. The sentences for criminal possession of matter portraying a minor in a sexual performance (both counts) and tampering with physical evidence to run concurrently, but consecutive to the five-year sentence for third-degree rape for a maximum of 10 years in prison.

Bailey was also ordered to pay court costs and restitution consisting of all counseling and therapy costs. Upon release, Bailey is sentenced to a five-year period of conditional discharge and must register with the appropriate local Probation and Parole Office. A blood sample will be taken by the Department of Corrections for DNA law enforcement identification purposes.

The judgment and sentence order was signed by Letcher Circuit Court Judge James W. Craft II on June 26.