OnlyFans stalker gets 1 year in jail. It could've been much more. Judge explains why.

DOVER — Mauricio Guerrero, the Pennsylvania man convicted in May of charges related to stalking a Somersworth woman he met online was sentenced Wednesday to one year in jail, much less time than he could have received.

Strafford County Superior Court Judge Mark Howard took time to explain the thought process behind the sentencing of a the now 21-year-old man described as lonely by his defense attorney and therapist.

"I'm sorry," Guerrero said when Howard asked if he wanted to say anything before the sentence was imposed.

Deputy County Attorney Emily Garod argued Guerrero not only knew what he was doing was wrong, but he exhibited a pattern of escalating behavior that made him a danger to the public.

Guerrero's attorney, Harry Starbranch, argued Guerrero was naive and the victim bore some responsibility for leading him to believe she was his girlfriend.

Guerrero connected with local woman on OnlyFans

Guerrero faced four burglary charges, a criminal trespass charge and two violation of privacy charges, stemming from his behavior related to his alleged obsession with the 25-year-old woman. He was arrested after allegedly hiding in the woman's mother's attic and taking indecent videos of her while she slept.

Guerrero was arrested Feb. 9, 2022, charged with hiding in the woman's attic for two days, sneaking down to her room to record the videos. The two met on OnlyFans, a content subscription service where creators can earn money from users — the "fans" — who pay a monthly membership fee to access their exclusive content.

Guerrero told the court he thought he was in a relationship with the woman and she wanted him to play stalking and rape games, after texting with her since October 2021. They had consensual sexual intercourse at one point prior to him allegedly sneaking into her home, attorneys for both sides acknowledged.

Guerrero had traveled 350 miles from Pennsylvania to New Hampshire after the woman provided him with her address, an apartment in Dover at first. The Somersworth home belongs to the woman's mother.

Donna Vanderwst, a licensed professional therapist from Pennsylvania, is treating Guerrero. She characterized him as immature and very lonely. She said he does not form or keep relationships and is mostly isolated.

Sentence could have been much longer

Howard sentenced Guerrero to one year in prison on each of four charges, to be served concurrently. This means he will serve one year in jail, minus 16 days credit for time served. He will be required to complete counseling.

Howard said he took a number of factors into consideration when deciding on the sentence for Guerrero, who was 20 at the time of the crimes. He was found guilty of two felony burglary charges, one carrying a potential 7.5- to 15-year sentence, the other charge 3.5 to 7 years. Two other burglary charges were reduced to criminal trespassing as an alternative charge.

"This case involves extremely unique circumstances," Howard said. "It is a complicated case. My job is to determine the sentence. I consider both sides of the argument, and the people who spoke here for him, including his mother. The aggravating factors include his entering the dwelling of another and attempts to violate her privacy. Mitigating factors include his age, his relative lack of maturity, especially from a social standpoint. There is also his complete lack of a criminal history."

Howard said the sentence needs to assure Guerrero will not reoffend. He added he thought he would not.

"The sentence also needs to send a message to the public that this behavior will not be tolerated, so there will be some jail time," Howard said. "The sentence should also address rehabilitation, which you have begun, but I will impose requirements."

Howard said the sentence does not allow for home confinement but added the jail superintendent could make a recommendation for a hearing on the topic if he deemed it appropriate at a later date.

On another burglary charge, Howard sentenced Guerrero to one year suspended, pending good behavior. That sentence begins today and will continue for five years after he is released, as will three years of probation. He is mandated to stay away from his victim.

Howard did not order Guerrero to register as a sex offender, a request made by the prosecution.

"Within 90 days of your release, you must complete a psychosexual evaluation," Howard said. "Regarding the state sexual offender registry, I do not find proof that his actions were made from a sexual compulsion, and I do not feel the public needs to be protected from him, so I will not require him to register."

The prosecutor reacted to to the sentence.

"Residential burglaries, especially ones of this nature, are particularly egregious because they violate a space where a person should feel the safest,' Garod said. "We are disappointed the judge did not sentence the defendant to what requested but we ultimately respect his decision."

If you need help

Haven has trained confidential advocates available to aid those affected by domestic and sexual violence. The 24-hour hotline is (603) 994-SAFE (7233) or visit havennh.org.

This article originally appeared on Fosters Daily Democrat: OnlyFans stalker in NH case gets 1 year in jail. Judge explains why.