Mr. Smith Goes To Boston: Utah Professor Arrested After Allegedly Viewing Child Porn on Flight

Grant Smith, 47, of Utah is the subject of a rare case of child pornography involving witnesses. Usually child porn cases arise from searches of personal or work computers. Smith, however, allegedly decided to review his cache of child porn on a flight from Utah to Boston. Another passenger in First Class reported him to flight attendants who called in the police. [Update: Smith is a professor at the University of Utah and has pleaded not guilty].

Professor Smith is described on the Utah website as an engineering professor specializing in soft condensed matter and ionic liquids. He holds the following degrees: Ph.D. University of Utah – Materials Science and Engineering (1990); M.E. University of Utah – Mechanical Engineering (1989); B.S. University of Utah – Chemical & Fuels Engineering (1985).

The Massachusetts State Police say that they found child pornography on the laptop after taking Smith into custody.

This may be a case where multiple states have jurisdiction as Smith allegedly reviewed porn while flying from and over a variety of states. Massachusetts has a clear claim since, if true, he brought the child porn into the state. Technically, a domestic air flight is in national air space — with a claim for federal jurisdiction as opposed to state jurisdiction. However, Utah and Massachusetts also have grounds for jurisdiction.

Often international flights raise these types of thorny issues. The general matter was addressed in 1963 at Tokyo of the Convention on Offences and Certain Other Acts Committed on Board Aircraft. THe Tokyo Convention obligated the signatories to extend their criminal law and jurisdiction to aircraft of their registry when they are outside national territory. A U.S. plane carries U.S. law, for example. However, the country of arrival often prosecutes offenders in international cases.

In Mr. Smith’s case, jurisdiction is hardly he greatest problem. Having a witness who testifies that he or she watched you watching child porn is a deadly element to any trial.

Source: Washington Post