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, pled guilty to SEXUAL EXPLOITATION OF CHILDREN, in violation of Title 18, United States Code, Section 2251(a), punishable by up to 30 years imprisonment, and up to a $250,000.00 fine or both; and to 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), punishable by up to 10 years imprisonment, and up to a $250,000.00 fine or both.
The Indictment alleged that, from between a date uncertain in 2014 to on or about Aug. 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 Aug. 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.
The Honorable Kimberly E. West, U.S. Magistrate Judge in the United States District Court for the Eastern District of Oklahoma, in Muskogee, accepted the plea and ordered the completion of a presentence investigation report.
Assistant United States Attorney Edward Snow represented the United States.
Source: U.S. Department of Justice, Office of the United States Attorneys
