Herbert S. Racine Jr.Sun staff photos can be ordered by visiting our Smugmug site.
Herbert S. Racine Jr.

Sun staff photos can be ordered by visiting our Smugmug site.

WOBURN -- A Level-2 sex offender from Ayer was sentenced to three to five years in state prison after pleading guilty to charges in a case where he was accused of touching two teenage girls in a sexual way and then offering them Percocet pills in exchange for sex.

Herbert S. Racine Jr., 43, formerly of 14 Williams St., Ayer, was scheduled for trial Tuesday in Middlesex Superior Court. Instead, he pleaded guilty to indecent assault and battery on person over 14 (two counts), enticement of child under 16 (two counts), and contributing to delinquency of minor (two counts), according to the Middlesex District Attorney's Office.

In addition to his prison sentence, upon his release, Racine will be on probation for five years with conditions: No contact with witnesses; no contact with children under 16 (and no unsupervised contact with his own children); sex-offender registration; sex-offender evaluation; GPS with exclusion zones around victims' homes, school and work; and community parole for life.

Ayer Police Detective Kellie Barhight, who investigated the case, alleged that on Sept. 2, 2011, Racine called two 14-year-old girls over and asked them if they had a lighter. The man they knew as "Herbie" returned the lighter by placing it between the breasts of one of the girls, touching her.

Racine told the girls: "It is too bad you are not older; you girls are hot," prosecutors allege.


Racine told them he had Percocet for sale, which he would give them for free if they would perform a sex act on him, prosecutors allege. During this conversation, he allegedly grabbed the other girl's buttocks.

When questioned by police, Racine allegedly admitted asking the girls for a light and acknowledged he may have touched one girl on the arm. He allegedly admitted he may have accidentally called one of the girls.

At an earlier court hearing, Racine's attorney Christopher Reardon said the girls knew Racine because he had pit-bull puppies for sale. Reardon claimed his client is being prosecuted because he is a registered sex offender.

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