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Everything we know about Austin Wolf's arrest, court date & what happens next (updated)
There has been a new development in the case against the adult performer.
Update 11/27/24: Austin Wolf will continue to spend Thanksgiving and Christmas in jail.
A federal judge in New York granted another 30-day continuance in his federal child pornography case, pushing the deadline for a preliminary hearing or indictment to December 27. On Tuesday, Southern District of New York Magistrate Judge Barbara Moses ruled that the extension “best serves the ends of justice and outweighs the best interest of the public and the defendant in a speedy trial.” This marks yet another delay as prosecutors and the defense reportedly continue plea negotiations. Wolf, whose legal name is Justin Heath Smith, has been in custody since his June arrest.
Update 10/25/24: Austin Wolf’s first hearing in his federal criminal case has been delayed once again.
Austin Wolf will remain in jail as his case grinds on. A federal judge has granted yet another continuance—marking the fourth time this has happened since his initial arrest on June 28—moving the preliminary hearing deadline to November 27, according to court documents. This latest extension follows a request from Assistant U.S. Attorney Getzel Berger, who sought additional time for plea negotiations with the defense counsel’s consent. Wolf's attorney, Thomas Andrykovitz, did not immediately respond to a request for comment.
Update 9/25/24:
A federal court in the Southern District of New York has granted another 30-day continuance, moving the deadline for a preliminary hearing or indictment to October 28. Magistrate Judge Katharine H. Parker approved the extension at the request of both parties, as discussions for a potential plea deal continue. Wolf, whose legal name is Justin Heath Smith, was arrested in June on federal child pornography charges and remains in custody.
In the latest filing, Assistant U.S. Attorney Getzel Berger noted that both the defense and prosecution are continuing negotiations but do not expect to reach a resolution before the previous Friday deadline. Defense attorneys Michael Baldassare and Thomas Andrykovitz consented to the extension. Berger emphasized that the continuance serves the interests of justice and outweighs the public’s and defendant’s right to a speedy trial.
Update 8/27/24:
Wolf’s court date for his preliminary hearing has been moved once more and will now take place on September 27, 2024. Both sides continue to negotiate a disposition of the case. The delay indicates that both parties are still working on a plea deal.
Update 7/20/24:
A preliminary hearing for Austin Wolf, previously set for late July, has been rescheduled. The Southern District of New York filed a 30-day continuance which was agreed to by both the defense and prosecution and presented to Magistrate Judge Tarnofsky who approved it. The new date has been set for August 28, 2024, though this is likely a sign that the defense and prosecution are working on a plea deal. It is worth noting that the vast majority of federal cases never go to trial and are pled out.
Original article:
Justin Heath Smith, the 42-year-old adult content creator known as Austin Wolf, is being held in detention in Brooklyn after a judge ruled he was a danger to the public and a flight risk. Smith faces federal child pornography charges and has been accused of sending and receiving “hundreds of videos of child pornography,” according to a press release from the U.S. Attorney’s Office in the Southern District of New York.
Court documents from the Southern District of New York allege that Wolf used the messaging app Telegram to share videos with another individual, who prosecutors say was an undercover FBI agent. A search conducted in April at Wolf’s Manhattan apartment uncovered an SD card containing hundreds of illegal videos, according to prosecutors. The videos reportedly depict minors, including prepubescent children and infants, in sexually explicit situations.
The Advocate contacted the U.S. Attorney’s Office in the Southern District of New York, however a spokesperson declined to comment.
On Monday, attorney Thomas H. Andrykovitz, who represents Justin Smith / Austin Wolf, told The Advocate that his client is being held in terrible conditions.
“The government’s press release contains nothing but unproven and untested allegations against a man that is presumed innocent. Justin is thankful for the incredible support he is receiving from his friends and supporters,” Andrykovitz said. “He is presently detained at [Metropolitan Detention Center]. It is well documented in judicial decision after judicial decision that the conditions of confinement at MDC are inhumane. Mr. Smith’s conditions are no different. The staff at MDC have already failed to provide him with his basic medications.”
Benjamin O’Cone, a spokesperson from the Office of Public Affairs at the Federal Bureau of Prisons (FBOP), confirmed to The Advocate that Smith is in federal custody at MDC but would not comment on Andrykovitz' specific allegations "for privacy, safety, and security reasons."
O'Cone added that the federal prison system provides essential medical, dental, and mental health services to all inmates and has an administrative remedy program for addressing inmate concerns.
If convicted, Wolf faces a mandatory minimum sentence of five years in prison and a maximum sentence of 20 years.
Wolf made his initial appearance before a judge on Friday, June 28, who determined that detention was necessary due to the risk of flight and the potential danger he poses. A preliminary hearing is scheduled for July 29.
Wolf's arrest and the serious charges against him have sent shockwaves through the adult entertainment industry, where Wolf is well-known and has a substantial fan base. As the legal proceedings unfold, the community remains divided, with some expressing continued support and others grappling with the disturbing nature of the allegations.
Here is how the members of his industry have responded to the news.
Men.com is an adult film studio that exclusively signed Wolf as a model, but the site parted ways with the porn star immediately following his arrest.
Joey Mills is a Men.com exclusive model, which is a similar studio contact that Wolf has. Although they've never collaborated or done a scene together, their status in the industry is quite similar.
"Let['s] get one thing clear[...] I've never worked with this man for a studio or a personal collab. The only times I'v ever been around him was during award shows and other industry events," Mills says. "I'm not tied to nor associated with anything this man did or does."
Felix Fox was one of the models who recently attended Austin Wolf's Collab Week and has filmed a few scenes with the porn star.
"I am late to reply to the disgusting actions of Austin Wolf. I absolutely cannot express how repulsed I am at this behavior. To put anyone through that, let alone a child. My heart is filled with sadness. It is f***ing repugnant. The law is merciless against those that partake in this abhorrent behavior. From what I’ve heard, more people/content creators are about to be exposed, also. It sickens me to think that this exists. I f***ing hate it. My heart goes out to every single victim that this pedophile got his hands on."
Jason Luna is also a frequent collaborator of Wolf's and attended Collab Week as well. He didn't necessarily defend Wolf, but didn't condemn his alleged actions either.
"Most of us are silent because we are having a really difficult time processing what just happened," Luna shares.
Adam Cyrus has filmed with Wolf and created content in Puerta Vallarta by filming with other porn stars at Collab Week. Wolf's alleged crimes hurt Cyrus on a personal level.
"As a survivor of CSA I never knowingly work with a predator, and the moment I find out about it is the moment I cease associating with them. I have deleted all my content with him and I hope he rests in pieces. I’ll be washing him out of me forever."
Alex Grant was considered to be a friend of Wolf's and also filmed videos with him in the past, but quickly shared his disgust once the news dropped. His statement was short, but very effective.
"And nobody was surprised..."
Tony Genius is a popular content creator who showed his intolerance for Wolf's alleged crimes right away. His concerns also stem from increase attacks from the far right.
"One concern from today's catastrophic news is that we had the poster child for gay porn, the most recognized talent in our industry be exposed for some of the worst acts you could possibly imagine, and with that conservatives will further litigate and demonize honest sex work. And with the possibility of PROJECT 2025 we have to do everything on our power to separate us from people like this!"
Terry Strokes is another well-known content creator who showed disgust with Wolf's alleged criminal activity. The star even poked fun at Wolf's sudden career ending while acknowledging that many people enjoyed his specific type of content.
"The type of content dude made, the aesthetic of it was entertaining. You’d of course see the haters in the comments making accusations but wow… can’t defend that one. You’ve literally been found as the worst label [yo]u can get in society. Smh. What a way to end a career."
This is a developing story. Updates will follow as we learn more.
If you or someone you know has experienced sexual violence, the National Sexual Assault Hotline is available 24/7 with free and confidential services. More resources are available here.
Ricky Cornish is an on-air correspondent for equalpride, where he's breaking down the latest in pop culture for Out Magazine, Pride.com, Plus Magazine, The Advocate, and Out Traveler.
Based in Las Vegas, Ricky can be seen interviewing the biggest celebrities at red carpets and premiere events around the city.
To follow Ricky and see what's trending, you can follow him on Instagram, TikTok, Twitter, Facebook, andYouTube.
Ricky Cornish is an on-air correspondent for equalpride, where he's breaking down the latest in pop culture for Out Magazine, Pride.com, Plus Magazine, The Advocate, and Out Traveler.
Based in Las Vegas, Ricky can be seen interviewing the biggest celebrities at red carpets and premiere events around the city.
To follow Ricky and see what's trending, you can follow him on Instagram, TikTok, Twitter, Facebook, andYouTube.
Christopher Wiggins is a senior national reporter for The Advocate. He has a rich career in storytelling and highlighting underrepresented voices. Growing up in a bilingual household in Germany, his German mother and U.S. Army father exposed him to diverse cultures early on, influencing his appreciation for varied perspectives and communication. His work in Washington, D.C., primarily covers the nexus of public policy, politics, law, and LGBTQ+ issues. Wiggins' reporting focuses on revealing lesser-known stories within the LGBTQ+ community. Key moments in his career include traveling with Vice President Kamala Harris and interviewing her in the West Wing about LGBTQ+ support.
Christopher Wiggins is a senior national reporter for The Advocate. He has a rich career in storytelling and highlighting underrepresented voices. Growing up in a bilingual household in Germany, his German mother and U.S. Army father exposed him to diverse cultures early on, influencing his appreciation for varied perspectives and communication. His work in Washington, D.C., primarily covers the nexus of public policy, politics, law, and LGBTQ+ issues. Wiggins' reporting focuses on revealing lesser-known stories within the LGBTQ+ community. Key moments in his career include traveling with Vice President Kamala Harris and interviewing her in the West Wing about LGBTQ+ support.
