TRENTON – Attorney General Christopher S. Porrino announced that a suspended employee of the New Jersey Department of Labor and Workforce Development was arrested today on charges that he used his state computer to search for and view child pornography. He allegedly had more than 100 files of child pornography stored on optical disks and a thumb drive found in his cubicle at work.

Kevin Smith, 64, of Westmont, N.J., who was an executive assistant in the Division of Income Security, was arrested today on a charge of third-degree possession of 100 or more files of child pornography. Third-degree crimes carry a sentence of three to five years in prison. For most third-degree offenses, there is a presumption that first-time offenders will not be sentenced to prison under New Jersey sentencing guidelines, but the charge of possession of 100 or more files of child pornography carries a presumption that even first-time offenders will be sentenced to prison.

Smith was charged as a result of an investigation by the New Jersey State Police Digital Technology Investigations Unit (DTIU) and the Cyber Crimes Unit of the Division of Criminal Justice Financial & Computer Crimes Bureau.

“Those who view child pornography online promote and create a market for the brutal sexual exploitation of innocent children,” said Attorney General Porrino. “Smith’s conduct was especially egregious because he allegedly used a state computer to search for child pornography while on duty. We’re making it a top priority to protect children by aggressively prosecuting all those who link themselves to the network of offenders who traffic in this filth.”

“We’re sending a powerful deterrent message to anyone who seeks out these abhorrent materials,” said Director Elie Honig of the Division of Criminal Justice. “They will find themselves facing serious charges like this defendant. Many of these offenders obsessively collect child pornography, and we want them to know that every image they download will become evidence against them.”  

"The message we`re sending to those seeking out this filth is very clear; if you view it or share it, we are coming after you, "said Colonel Rick Fuentes, Superintendent of the New Jersey State Police. "This arrest is yet another example of the unenviable but absolutely outstanding work of the State Police Digital Technology Investigations Unit, which works around the clock to get these predators off of the streets."

Smith was suspended from his position in June – and subsequently retired – after supervisors at the Department of Labor and Workforce Development received information that he allegedly was viewing inappropriate materials on his work computer.  After confirming suspicious files on his state-issued computer, they alerted detectives from the New Jersey State Police DTIU. Smith’s computer was secured and thumb drives and optical disks were seized from the computer and desk in Smith’s cubicle.  A forensic examination of Smith’s state computer revealed that Smith allegedly had conducted searches for child pornography on the computer. Detectives obtained search warrants for the thumb drives and optical disks and reviewed them at the State Police Forensic Technology Complex in Hamilton. A total of more than 100 files of child pornography allegedly were discovered on one of the thumb drives and several of the optical disks.

The case is being investigated and prosecuted by Detectives Brian Kearns and Brett Munch of the New Jersey State Police Digital Technology Investigations Unit and Deputy Attorney General Layli Khelafa of the Cyber Crimes Unit of the Division of Criminal Justice Computer & Financial Crimes Bureau, under the supervision of Deputy Bureau Chief Julia Glass and Bureau Chief Michael Monahan.

Smith was charged by complaint-warrant.  He was lodged in the Camden County Jail with bail set at $50,000. The charges are merely accusations and he is presumed innocent until proven guilty. Because the charges are indictable offenses, they will be presented to a grand jury for potential indictment.

Attorney General Porrino and Director Honig urged anyone who has information about the online distribution of child pornography– or who suspects improper contact by unknown persons communicating with children online or possible exploitation or sexual abuse of children – to please contact the New Jersey Internet Crimes Against Children Task Force Tipline at 1-888-648-6007.

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