LOGAN — Weeks after waiving his right to a preliminary hearing, Nicholas L. Smith has decided to let a jury decide whether he is guilty of sexting with a teenage girl years ago. The 34-year-old Nibley man was originally arrested more than two years ago, when family members found “disturbing” text messages on his phone.
Smith was arraigned in 1st District Court Tuesday afternoon. He’s been charged with 10 counts of sexual exploitation of a minor and one count of enticing a minor over the internet, all second-degree felonies. He also faces three charges of distribution of pornography and one charge of soliciting or distributing child pornography, all third-degree felonies.
Defense attorney Ray Malouf told the court, Smith wished to plead “not guilty” to all of the charges. He also requested the jury trial that will likely last four days.
Deputies allege that Smith recorded himself having sex with people multiple times in Nibley and also Logan Canyon. The victims claimed they did not know they were being filmed. Some of the videos may have also involved minors. The crimes are believed to have occurred between 2012 and 2017.
One of the people Smith allegedly sexted with was an underage girl, who lives in England. They reportedly had a relationship for more than five years that started when the girl was 12-years-old.
During Tuesday’s arraignment, Cache County Deputy Attorney Dane Murray explained that the case would be lengthy and involve several witnesses that would be flown in from England. He asked for some time to coordinate the travel arrangements.
Judge Brian Cannell scheduled the trial to begin September 29. He ordered Smith to appear again in court August 24.
Murray also requested the court set a deadline for Smith to decide whether or not to accept a plea agreement. The “drop dead” date was set for June 15.
Smith is currently out of jail after posting $25,000 bail. He could face up to 15-years in prison if convicted.