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When Philadelphia police served an arrest warrant for Herbert Smith, 33, for his sexual assault of a different nine-year-old victim, they discovered him lying in bed with that victim, according to Acting United States Attorney Jennifer Arbittier Williams.
Police seized Smith’s digital devices, and the subsequent forensic analysis by the Federal Bureau of Investigation revealed hundreds of images of Smith’s "horrific" sexual assaults against an eight-year-old child, including rape and other sexual abuse of the child after she was given medication to make her sleep, Williams said.
Smith recorded his abuse of the girl, saved the images and videos on his devices, and in some cases, uploaded the images to his online storage account, authorities said.
Smith was taken into custody by Philadelphia police in August 2019.
He has been detained in federal custody since he was indicted federally in September 2019.
As a result of his conviction on seven counts of manufacturing child pornography, he faces up to 210 years in prison, which includes a mandatory minimum of 15 years, five years up to a lifetime of supervised release, a fine of up to $1,750,000, and special assessments of up to $35,700.
Smith must also register as a convicted child sex offender under state law.
“Smith is a predator of young children and has been for years,” Williams said.
“With this conviction, and Smith now facing up to 210 years in prison, his victimization of our most vulnerable citizens has finally come to an end. Thank you to all of our agency partners who remain determined to identify, prosecute and convict child predators like this defendant.”
“Herbert Smith admits inflicting repeated horrific sexual assaults on a little girl, and recording the abuse so he could savor it whenever he wanted,” said Michael J. Driscoll, Special Agent in Charge of the FBI’s Philadelphia Division.
“His actions are unconscionable and the harm he’s done, immeasurable. It’s cases like this that drive the FBI and our partners, as we work to protect our community’s children from depraved predators like Smith.”
The case was investigated by the Federal Bureau of Investigation and the Philadelphia Police Department and is being prosecuted by Assistant United States Attorney Michelle Rotella.
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