PIERRE, S.D. (Dakota News Now) – Mark Rathburn, a 68-year-old former employee of the Aberdeen State Driver Licensing Office, now faces a significantly expanded indictment of 85 felony and misdemeanor counts following a continuing inquiry by the South Dakota Attorney General’s office. The charges stem from a disturbing pattern of alleged criminal activity involving the solicitation of sexual acts, possession and dissemination of child pornography, and misuse of his position to access and store confidential driver’s licensing information.
The case initially came to light in November when Rathburn was indicted on three felony counts: solicitation of second-degree rape, possession of child pornography, and unlawful use of a computer system. A Brown County Grand Jury issued a superseding indictment on January 7, 2026, dramatically increasing the scope and severity of the allegations.
Expanded Charges Reflect Extensive Investigation
Attorney General marty Jackley announced that the additional charges are a direct result of an ongoing, in-depth investigation.“The additional charges are a result of our continuing investigation, and we have now identified approximately 50 alleged victims,” Jackley stated. “We continue to review images found on his electronic devices and will reach out to potential victims for notification.” This indicates a substantial amount of digital evidence has been recovered and is currently being analyzed.
The charges now include multiple counts of solicitation of second-degree rape and dissemination of images or recordings depicting victims 17 years of age or under. The presence of confidential driver’s licensing information on Rathburn’s personal devices raises serious concerns about potential identity theft and privacy breaches. The South Dakota Department of Public Safety is highly likely conducting a separate internal review to assess the extent of any data compromise and implement measures to prevent future incidents.
Understanding the Charges
- Solicitation of Second-Degree Rape: This charge involves attempting to induce another person to commit sexual assault. The specifics of the alleged solicitations are not yet publicly available, but the multiple counts suggest a pattern of behavior.
- Dissemination of Image or Recording – Victim 17 Years of Age or Under: This refers to the illegal distribution of sexually explicit material involving minors. This is a particularly serious offense with severe penalties under both state and federal law.
- Unlawful Use of a Computer System: As a former employee of the State Driver Licensing Office, Rathburn had authorized access to sensitive databases. This charge alleges he misused that access, potentially for personal gain or to facilitate other criminal activities.
Internet Crimes Against Children Task Force Involvement
the investigation and prosecution are being led by the South Dakota Division of Criminal investigation’s Internet Crimes Against Children (ICAC) task force. The ICAC task force is a collaborative effort between federal, state, and local law enforcement agencies dedicated to combating online exploitation of children. Their involvement underscores the severity of the allegations related to child pornography. You can learn more about the ICAC program and its mission at the U.S. Immigration and customs Enforcement (ICE) website.
The ICAC task force utilizes specialized training, technology, and investigative techniques to identify, investigate, and prosecute individuals involved in the production, distribution, and possession of child sexual abuse material.
Potential Impact on Driver’s License Holders
The discovery of confidential driver’s licensing information on Rathburn’s devices raises legitimate concerns for individuals whose data may have been compromised. While the full extent of the breach is still being resolute,the South Dakota department of Public Safety is expected to notify affected individuals and provide guidance on steps thay can take to protect themselves from identity theft. These steps may include monitoring credit reports,placing fraud alerts on accounts,and reviewing driver’s license records for any unauthorized changes.
Next Steps in the Legal Process
Rathburn’s next court appearance is scheduled for an undetermined date. At that time, he will be formally arraigned on the superseding indictment and enter a plea. The legal proceedings are expected to be complex and could take considerable time to resolve,given the large number of charges and the sensitive nature of the evidence.
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