Utica Sex Offender Pleads Guilty to Distributing, Receiving and Possessing Child Pornography

SYRACUSE, NEW YORK – Dustin Smith, age 30, of Utica, New York, pled guilty yesterday to a four-count indictment charging him with distributing, receiving, and possessing child pornography.  United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of Homeland Security Investigations (HSI), Buffalo Field Office, and New York State Police (NYSP) Superintendent Steven G. James made the announcement.

In pleading guilty, Smith admitted that he has a 2013 conviction for Sexual Abuse in the First Degree in Oneida County Court, and that in 2022, while under parole supervision for that conviction, he possessed a cell phone which he used to send, receive, and possess thousands of images and videos of child pornography.  Specifically, Smith admitted that he used the cell phone to exchange videos of child pornography with at least two identified minor children.

At sentencing scheduled for November 20, 2024, Smith faces a statutory minimum term of imprisonment of at least 15 years, and a maximum of 40 years on each of the receipt and distribution counts, and a term of at least 10 years, with a maximum of 20 years imprisonment on the possession count. Additionally, Smith will be required to serve a post-imprisonment term of supervised release of between 5 years and life, must register as a sex offender upon release, pay restitution to the victims of his offenses, and forfeit the device he used to commit the crimes. A defendant’s sentence is imposed by a judge based on the statute the defendant violated, the U.S. Sentencing Guidelines, and other factors.

HSI investigated this case with assistance from the New York State Police Computer Crimes Unit, New York State Parole, and Oneida County Sheriff’s Office.  Assistant United States Attorney Jessica N. Carbone is prosecuting this case as part of Project Safe Childhood.

Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s 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 https://www.justice.gov/psc.