AUBURN — A Livermore Falls man agreed Tuesday to an eight-month sentence on three counts of having child pornography.

But he’ll be allowed to withdraw that agreement if Maine’s high court decides to grant his appeal on a motion to throw out evidence from a search warrant.

Christopher Roy, 37, pleaded guilty in Androscoggin County Superior Court to three counts of possession of sexually explicit materials. Each charge is a felony punishable by up to five years in prison. The remaining five counts against him were expected to be dismissed.

Roy agreed to a sentence of 30 months in prison, with all but eight months suspended, followed by two years of probation.

During that time, he will be prohibited from having contact with anyone younger than 16 years old. He must register as a sex offender for at least 10 years and undergo counseling and treatment.

He will be barred from being able to access the internet and may not have any pornography, including legal materials, and can be searched at random for those items. Roy forfeited electronic equipment that he used to find and view child pornography.

He was charged in September 2016 after investigators at the Maine State Police Computer Crimes Unit found images of children under 12 years old involved in sexual acts that Roy had viewed in a so-called peer-to-peer private sharing network. A detective discovered Roy’s identity after subpoenaing records from his internet provider.

That led to a search warrant that was executed by police on Oct. 27, 2016. Roy made statements during the search admitting to having viewed and downloaded child pornography on his cellphone and another electronic device, Assistant District Attorney Patricia Mador said Tuesday. Police seized Roy’s phone and a data card; they contained hundreds of images of child pornography involving children as young as under age 1. He said he had used the images for sexual gratification.

Defense attorney Walter McKee filed a motion on Roy’s behalf to suppress evidence recovered from that search, but Justice MaryGay Kennedy denied McKee’s motion. McKee appealed Kennedy’s decision to the Maine Supreme Judicial Court.

Until the high court decides on Roy’s appeal, he will remain free on his own recognizance.

cwilliams@sunjournal.com