BREAKING: Adult performer Austin Wolf to plead guilty to federal child pornography charges
Justin Heath Smith, the gay adult performer widely known as Austin Wolf, is expected to plead guilty Friday to at least one charge related to federal child pornography possession that carries a mandatory minimum prison sentence, marking a grim turning point in a case that has sent tremors through the adult entertainment industry and LGBTQ+ communities online.
The plea hearing is scheduled for Friday at 11:45 a.m. in the United States District Court for the Southern District of New York, according to newly filed court documents. In a letter to U.S. District Judge Paul A. Engelmayer, defense attorney Thomas H. Andrykovitz wrote that Smith 'intends to plead guilty to a mandatory minimum charge with a significant advisory range under the United States Sentencing Guidelines.' The government did not oppose the delay from the original Wednesday hearing date. This has been continued since last summer.
Smith, 43, has been held without bond at the MDC Brooklyn since his arrest in June 2024. Prosecutors allege he exchanged 'hundreds of videos' of child sexual abuse material via the encrypted messaging app Telegram, including footage involving prepubescent children and infants. The case was initially sparked by a federal undercover operation and a subsequent search of Smith's Manhattan apartment, where agents allegedly found an SD card containing illegal content.
In his filing, Andrykovitz cited the complexity of the case and the 'essential' need for more time to prepare Smith for allocution. A defendant must accept responsibility for their crimes when they plead guilty. 'Proceeding on the current schedule would not permit meaningful preparation,' he wrote, noting the defense's longstanding relationship with Smith and their intent to ensure the plea is knowing and voluntary.
The case against Smith—who cultivated an image of power, luxury, and masculinity in the gay adult entertainment world under the moniker Austin Wolf—has prompted a reckoning within corners of the industry and among fans. While Smith has not yet publicly addressed the charges, multiple industry peers have distanced themselves or spoken out in disgust since the allegations became public. Many said they were unsurprised, given Smith's propensity for featuring very young-looking individuals in many of his videos, particularly those on sites like OnlyFans.
As PRIDE previously reported, Smith was charged last summer after federal agents said he distributed and possessed child sex abuse material. Prosecutors allege that Smith sent the illicit content to an undercover FBI agent and that the digital evidence included some of the most graphic and egregious violations federal law covers.
His legal team has maintained that the charges remain unproven and criticized the conditions at MDC Brooklyn, where Smith has been detained since June 28, 2024. The Federal Bureau of Prisons confirmed Smith's detention but declined to comment on specific allegations due to privacy and security protocols.
While the exact plea terms have not been disclosed, the language in the defense's June 17 motion strongly indicates that Smith will accept a deal involving incarceration.
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