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LOGAN — A Logan man was sentenced to prison Thursday for up to 15 years for sexually exploiting a teenage girl for years and posting pornographic photos online of other people without their consent.
Nicholas Larry Smith, 36, was accused in charging documents of having a remote sexual relationship with a girl in England for six years, when she was between 12 and 17; having over 900,000 other pornographic images, 160 of which were suspected to be minors; and distributing intimate pictures. After a plea deal, Smith pleaded guilty to enticing a minor and four counts of sexual exploitation of a minor, all second-degree felonies, and three counts of unlawful distribution of an intimate image, a class A misdemeanor. He was originally charged with 16 crimes.
"I am deeply sorry for the things I've done. I am ashamed and I'm sorry. ... I've messed up and I've made horrible mistakes," Smith said Thursday.
Defense attorney Raymond Malouf Jr. said that he was "very impressed" with the progress his client has made through therapy, and said Smith has learned how to change his actions in the future.
"I would not have thought that many people would have made the dedicated effort he has made," Malouf said.
Malouf argued that time Smith has been able to spend with his 5-year-old daughter has helped him to improve. He said that in proving to the court that he was not a significant risk to his daughter during parent time, he has in a way been on a voluntary probation over the last few years.
The lawyer also said that Smith took responsibility for his actions and has worked with police, giving them passwords and being honest with them about his actions. He asked the court for a probationary sentence instead of jail time.
A recording from the victim was played at the sentencing, and the victim was watching the proceedings remotely. In the recording she said recovery has been difficult and explained she is easily triggered and not able to hold a job because of the post-traumatic stress disorder she has from her relationship with Smith.
"He knew what he was doing, and now that I'm older, it just makes me sick," she said.
The prosecutor asked for the sentences to be served consecutively, arguing that Smith's past behavior is the most accurate prediction of future behavior. Although this instance was not considered sexual abuse because the relationship was remote, the prosecutor said Smith's actions were as close to sexual abuse as possible without physical contact with a person.
First District Judge Brian Cannell ruled that justice would require some time in prison for Smith, but allowed the one- to 15-year sentences to be served concurrently.
"I think Mr. Smith is getting a glimpse, through treatment and the like, that ... there's no such thing as virtual harm, there is real harm. The court acknowledges the victim and survivors in this case were significantly harmed," Cannell said.
A hearing on Jan. 19 will discuss restitution. Prosecutors are seeking over $200,000 in restitution for the victim, and smaller amounts of restitution for her mother and other victims.
