Allentown Man Arrested for Distribution of Child Pornography and Weapons Charges

PHILADELPHIA – United States Attorney William M. McSwain announced that Kelly Wayne Smith, 59, of Allentown, Pennsylvania, was arrested and charged by Criminal Complaint with knowingly distributing, and attempting to distribute, child pornography, as well as illegal possession of a firearm by a prohibited person. At Smith’s initial appearance, United States Magistrate Judge Henry S. Perkin ordered Smith detained until trial.

In October 2019, a social networking platform reported to the National Center for Missing and Exploited Children (“NCMEC”) Cyber Tipline that several images depicting child pornography had been uploaded to an account registered to Smith. In May 2020, a search warrant was executed at Smith’s residence and authorities found several photos depicting child pornography, including one that was reported to the NCMEC. Authorities also seized a handgun during the search.

If convicted, the defendant faces a maximum possible sentence of 50 years in prison, with a mandatory minimum term of 15 years.

“Adults should be protecting children from harm, not exploiting them for their own twisted gratification,” said U.S. Attorney McSwain. “Each time somebody distributes images that depict a child being exploited, that child is re-victimized all over again. My Office is committed to rooting out and punishing the online exploitation of children and we will continue to work tirelessly with our law enforcement partners to do just that.”

“Distribution of child pornography is a heinous act that perpetuates the sexual exploitation of children,” said Michael J. Driscoll, Special Agent in Charge of the FBI's Philadelphia Division. “The FBI stands ready to step in and work with our law enforcement partners to protect our children from such victimization.”

This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (“CEOS”), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

The case was investigated by the Federal Bureau of Investigation and the Allentown Police Department, and it is being prosecuted by Assistant United States Attorney Sherri Stephan.

An indictment, information, or criminal complaint is an accusation. A defendant is presumed innocent unless and until proven guilty.