Name: Oliver J. Smith
Case: United States v. Smith NMCCA 200201846
Date Of Conviction: March 26, 2004
Plea: Guilty
Charges: Possessing Child Pornography, and others, see below
Military Branch: U.S. Navy
Listed In National Sex Offenders Registry? NO
The appellant, a Chief Warrant Officer 4 (CWO4) with more than 24 years of active service, engaged in marketing adult entertainment for profit on the Internet. He obtained and managed two websites, where he posted pictures of himself and Mrs. D., his ex-wife, engaging in intercourse and fetish activities.
At the time of the filming, Mrs. D. was married to another naval officer. The appellant showed a petty officer in his chain of command how to operate one of his websites and how to conduct the business.
The appellant also loaned the petty officer recording equipment for the purpose of producing adult entertainment and to enable the petty officer to take over one of the websites. The petty officer produced hundreds of pictures of females engaged in sexually explicit conduct. Together, the appellant and the petty officer posted these pictures on the two websites.
Although the appellant avers that he ascertained the ages of the females and maintained the required records concerning those who appeared on the website he maintained, he acknowledges that he did not do so for the website he was turning over to the petty officer. The appellant, however, owned both websites. The posted photos included images of a minor female engaged in sexually explicit conduct.
The appellant knew that these photos would be transported in interstate commerce. An investigation concerning the production of child pornography in base housing led to the apprehension of the petty officer and a search of the appellant's apartment. When the appellant discovered that his apartment had been searched and his computer equipment seized, he commenced a 17-month unauthorized absence. The petty officer received nonjudicial punishment for his participation.
The appellant pled guilty to wrongfully publishing and managing a website containing visual depictions of sexually explicit conduct, without creating and/or maintaining individually identifiable records pertaining to every performer portrayed in the visual depictions, knowing that the visual depictions would be transported in interstate commerce, in violation of 18 U.S.C. § 2257.
The appellant, a retirement-eligible naval officer, had a stellar career prior to these offenses, was well respected in his occupational specialty, and had significant sea duty as an enlisted Sailor and as an officer. The appellant, however, was a commissioned officer who engaged in misconduct that adversely impacted the Navy, his fellow shipmates, and dependents.
The appellant's operation of an adult entertainment website directly involved: (1) adultery with the wife of a fellow naval officer; (2) fraternization with a subordinate, which led to the subordinate committing misconduct and receiving nonjudicial punishment; (3) exploitation of an underage dependent by placing pornographic photos of her on the Internet; and, (4) Internet postings of pictures of himself engaged in sexually explicit acts.
After reviewing the entire record, including careful consideration of the evidence in extenuation and mitigation, we conclude that the appellant's assertion that his sentence was inappropriately severe is without merit.
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An Unofficial Site
Of United States Military
Sexual Offender
Conviction Records
Not Associated With The U.S. Military Or Government
Oliver J Smith
Chief Warrant Officer 4 (CWO4) U.S. Navy
Convicted Sex Offender
Possessing Child Pornography
