LOGAN — A 34-year-old Nibley man accused of sexting a teenage girl and other crimes has waived his right to a preliminary hearing. Nicholas L. Smith was originally arrested more than two years ago, when family members found “disturbing” text messages on his phone.
Smith appeared in 1st District Court Thursday 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 they wished to waive the hearing. He explained, Smith had voluntarily undergone treatment for his sexual addictions. He asked the court for time to continue therapy.
Judge Brian Cannell expressed concern about delaying the case further. He told attorneys that he wanted to schedule a trial date for the case.
Cache County Deputy Attorney Dane Murray agreed with the court. He explained that he had spoken with one of the alleged victims and she wanted to move the case along.
Judge Cannell said he wanted to schedule a trial date during the next hearing. He ordered Smith to appear again in court February 25.
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.
Smith is currently out of jail after posting $25,000 bail. He could face up to 15-years in prison if convicted.