Sex Offender Indicted for Distributing, Receiving, and Possessing Child Pornography

SYRACUSE, NEW YORK – Dustin Smith, age 30, of Rome, New York, was arraigned today on an indictment charging him with distributing, receiving, and possessing child pornography. 

United States Attorney Carla B. Freedman and Matthew Scarpino, Special Agent in Charge of the Buffalo Field Office of Homeland Security Investigations (HSI), made the announcement. 

Smith was previously convicted in Oneida County Court of Sexual Abuse in the First Degree and is rated a Level 3 Sex Offender.  The indictment filed against Smith alleges that, in April 2022, he sent and received images and videos of child pornography with two other individuals using Snapchat, and that he possessed images of child pornography on his cellphone.

The charges carry a mandatory minimum term of 15 years, and a maximum term of 40 years, in prison, a fine of up to $250,000, and a term of supervised release of between 5 years and up to life.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.

The charges in the indictment are merely accusations. The defendant is presumed innocent unless and until proven guilty.

HSI investigated this case with assistance from New York State Police Computer Crimes Unit, New York State Parole, and the Oneida County Sheriff’s Office. Assistant U.S. Attorney Jessica N. Carbone is prosecuting the 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.