Smith also was indicted for three counts of unlawful sexual conduct with a minor, two counts of gross sexual imposition, one count of pandering obscenity involving a minor and two counts of disseminating matter harmful to juveniles, according to his grand jury indictment.
The allegations against Smith involve two girls and a boy ages 10, 13 and 14 who are known to him, and date back to 2017 for at least one of the children, according to an affidavit filed Feb. 5 in Dayton Municipal Court.
Smith is not on the sex offender registry, but that is not the only reason a sexually violent predator specification could be added, Greg Flannagan, Montgomery County Prosecutor’s Office spokesman said.
“The sexually violent predator specification means a person who commits a sexually violent offense and is likely to engage in the future in more sexually violent offenses,” he said.
If convicted, a sexually violent predator specification would enhance any sentence imposed.
Smith remains in the Montgomery County Jail, where he has been held since his Feb. 3 arrest by Dayton police.
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