Tahlequah Man Sentenced To 293 Months For Sexual Exploitation Of Children, Possession Of Material Involving Sexual Exploitation Of Minors

MUSKOGEE, OKLAHOMA – The United States Attorney’s Office for the Eastern District of Oklahoma announced that Billy Hershell Smith II, age 48, of Tahlequah, Oklahoma, was sentenced to 293 months imprisonment, and 10 years of supervised release for Sexual Exploitation Of Children, in violation of Title 18, United States Code, Section 2251(a); and for Possession Of Certain Material Involving The Sexual Exploitation Of Minors, in violation of Title 18, United States Code, Sections 2252(a)(4)(B) and 2252(b)(2).

The Indictment alleged that, from between a date uncertain in 2014 to on or about August 15, 2016, in the Eastern District of Oklahoma and elsewhere, the defendant, Billy Hershell Smith II, employed, used, persuaded, induced, enticed, and coerced V.C., a person under the age of eighteen years, to engage in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), for the purpose of producing any visual depiction of such conduct, and the defendant, Billy Hershell Smith II knew and had reason to know such visual depiction would be transported in interstate commerce, and any such visual depiction was produced using materials that have been mailed, shipped, and transported in interstate and foreign commerce, and any such visual depiction had actually been transported in interstate commerce.

The Indictment further alleged that from on or about July 23, 2015, to on or about August 15, 2016, in the Eastern District of Oklahoma and elsewhere, the defendant, Billy Hershell Smith II, did knowingly possess, attempt to possess and access with intent to view matters which contained visual depictions, as that term is defined in Title 18, United States Code, Section 2256(5), the production of said visual depictions involved the use of minors engaging in sexually explicit conduct, as that term is defined in Title 18, United States Code, Sections 2256(2)(A)-(B), and said visual depictions were of such sexually explicit conduct and had been transported in interstate commerce by computer.

The charges arose from an investigation by the Federal Bureau of Investigation.

United States Attorney Brian J. Kuester said, “Today’s sentencing of Billy Hershell Smith not only delivers justice for his victim, but puts an end to his opportunity to exploit children. I also hope that this nearly 25 year sentence will serve as a deterrent and a warning to those in our communities that prey upon children, that their conduct will not be tolerated. I commend the FBI Agents who investigated Smith for their professional and thorough investigation and their ongoing commitment to investigating those that produce, possess, or view child pornography. This agency is committed to prosecuting them.”

The Honorable Ronald A. White, U.S. District Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, presided over the hearing. The defendant will remain in custody pending transportation to the designated federal facility at which the nonparoleable sentence will be served.

Assistant United States Attorney Edward Snow represented the United States.