Charlotte Man Indicted on Production of Child Pornography and Possession of Child Pornography Charges
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CHARLOTTE, NC—David Gerard Smith, 56 years old, of Charlotte, North Carolina, was criminally charged today by the federal grand jury sitting in Charlotte, in a federal bill of indictment alleging in two separate counts that he did knowingly produce child pornography. A third count alleges that David Gerard Smith knowingly possessed child pornography.

Today’s announcement is made by Acting U.S. Attorney Edward R. Ryan, Owen D. Harris, Special Agent in Charge of FBI Operations in North Carolina, and Chief Rodney Monroe of the Charlotte-Mecklenburg Police Department. “Producing and possessing child pornography are serious federal crimes, and offenders will be held accountable for their actions,” said Acting U.S. Attorney Ryan. Defendant Smith is currently in the custody of the North Carolina Department of Corrections and will be brought into federal custody at a future date to face the current charges. A date for his initial appearance in U.S. District Court has not yet been set.

If convicted, David Gerard Smith faces no less than 15 years in federal prison (commonly known as a “mandatory minimum” sentence) on each of the two counts alleging production of child pornography (counts one and two). Count three (possession of child pornography) carries a maximum of 10 years imprisonment.

DEFENDANTS ARE ENTITLED TO A PRESUMPTION OF INNOCENCE UNDER THE LAW, AND THE GOVERNMENT HAS THE BURDEN OF PROVING EVERY ELEMENT OF THE CHARGES BEYOND A REASONABLE DOUBT.

This prosecution is brought as part of the Justice Department’s Operation Safe Childhood. Launched in 2006, Project Safe Childhood is a nationwide initiative designed to protect children from online sexual exploitation and abuse. Led by U.S. Attorneys’ Offices, the Child Exploitation and Obscenity Section of the Justice Department’s Criminal Division, and Internet Crimes Against Children task forces, 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 identify and rescue victims.

The Department of Justice is committed to the safety and well-being of every child and has placed a high priority on combating sexual exploitation of minors. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov.

DAVID GERARD SMITH
DOCKET NUMBER 3:09cr156
YOA: 56
Charlotte, NC