A former Hot Springs woman was formally sentenced Tuesday in Garland County Circuit Court to four years' probation and 120 days in jail for the sexual assault of a 14-year-old boy in 2017.
Christina Michelle Smith, 26, who now lists an Arkadelphia address, had pleaded guilty on Sept. 16 to one felony count of fourth-degree sexual assault, punishable by up to six years in prison, and after hearing one day of testimony on Sept. 17 an eight-man, four-woman circuit court jury recommended the sentence of probation.
Judge Marcia Hearnsberger ordered a presentencing report be completed before formally sentencing Smith which was originally set for a hearing on Nov. 12, but had been continued until Tuesday.
Smith was not immediately taken into custody after Tuesday's hearing and must report to jail on Jan. 15, 2020. In addition to probation and jail time, she was ordered to pay $690 in court costs and fees and must register as a sex offender and complete a sex offender program while in jail.
Smith's attorney, Terri Harris, previously told The Sentinel-Record Smith had no prior criminal record and "based on the circumstances will pose no danger to the community." Harris said Smith's having to register as a sex offender means a minimum of 15 years of supervision by the state.
"The jury made the appropriate decision based on the facts of the case," Harris said. "I am thankful she was given a chance to rehabilitate herself. Prison would have served no purpose to anyone in this instance."
According to the probable cause affidavit, on Sept. 26, 2017, Garland County sheriff's investigators received a report from the Arkansas Child Abuse Hotline regarding a sexual relationship between a 14-year-old boy and a 24-year-old woman in Garland County.
The boy's mother stated she found out her son was having sex with a known female, identified as Smith, who was "a friend of the family," after finding text messages on her son's cellphone. She said she confronted her son and he admitted to having sex with Smith when he stayed with her at her former apartment on Lakeland Drive.
The mother provided screenshots of the text messages between Smith and her son "discussing cuddling with each other." The son was later interviewed at the Cooper Anthony Mercy Child Advocacy Center by Arkansas State Police but did not disclose any sexual contact with Smith.
On Sept. 29, 2017, Smith was interviewed at the sheriff's department and admitted she had sex with the victim twice at her apartment. She said "both times she was drunk" and the encounters occurred in July 2017, but she could not remember the specific date of either incident.
A warrant for Smith's arrest was issued on Oct. 11, 2017, and she was taken into custody on Oct. 14 and initially charged with two counts of fourth-degree sexual assault. She was released the next day on $5,000 bond. She pleaded not guilty to the charges on Dec. 5, 2017, and a court order barring her from contact with the victim was issued and remains in effect.
Prosecutors withdrew one of the criminal counts prior to her pleading guilty on Sept. 16.
Local on 12/05/2019