ALBANY, NEW YORK – Kevin Smurphat, age 35, of Whitehall, New York, pled guilty yesterday to charges of possessing, receiving, distributing and transporting child pornography.
United States Attorney Carla B. Freedman and Craig L. Tremaroli, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI), made the announcement.
Smurphat, a previously convicted sex offender, admitted that while on state parole in early November 2020, he used a cellphone to upload, to a file-hosting service, depictions of minors engaged in sexually explicit conduct and that he joined a group chat where he distributed child pornography to other individuals and received child pornography as well.
Smurphat faces a minimum of 15 years and up to 40 years in prison, a maximum $250,000 fine, and a term of post-imprisonment supervised release of at least 5 years and up to life. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors. Smurphat, whose prior conviction was for attempted sexual contact with a minor younger than 11, will again have to register as a sex offender upon his release from prison.
This case was investigated by the FBI and its Child Exploitation Task Force, which includes FBI Special Agents and state and local police investigators, including from the New York State Police. The New York State Department of Corrections and Community Supervision initiated this investigation. Assistant U.S. Attorney Dustin C. Segovia is prosecuting this case as part of Project Safe Childhood.
Launched in May 2006 by the Department of Justice, Project Safe Childhood is led by United States Attorney’s offices and the Criminal Division’s Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.