Editor’s note: This story contains details about a sexual abuser’s coercion of minors for sexual acts that some readers may find disturbing or upsetting. If you or a loved one needs help, call the Sexual Assault Services Organization hotline at 247-5400.
Benjamin Smith, a former music teacher at Escalante Middle School in Durango, was ordered on Tuesday to serve 40 years in prison – the maximum sentence allowed by his plea agreement – for his sex crimes against 36 different child victims.
He was sentenced by Federal District Judge Gordon Gallagher on three counts: production of child sexual abuse material, coercion and enticement of minors, and attempted coercion and enticement of minors.
For the first count of production of child sexual abuse materials, he was sentenced to serve 30 years in prison. For the second and third counts of coercion and enticement, he was sentenced to serve 40 years in prison, with both sentences to be served simultaneously, Gallagher said.
Smith was arrested in July of 2024 as a result of a police investigation after a child reported Smith hid underneath a sheet in the back of his vehicle, disguised as a teenage girl, and attempted to solicit a sex act from the child, Assistant U.S Attorney Jeffrey Graves said.
Upon further investigation, Durango Police Department identified an elaborate scheme Smith crafted to obtain child sexual abuse materials and engage in in-person sex acts from children via Snapchat.
Smith operated under the alias of a 16-year-old girl named Kristin, or Snapchat user MTNCHICK69. He invented a story for this alias, including sports “she” played and how “she” ended up in Durango, Graves said.
Graves said Smith likely crafted this ruse from knowledge about children’s development, vulnerability and what apps would allow him to infiltrate children’s communication platforms he obtained from his experience teaching.
A family member of one of the victims spoke, calling Smith a “monster” for working in a trusted position with the awareness of children’s mentalities and choosing to victimize them, and called for the maximum sentence.
He had pictures of a young naked girl he would send to children to manipulate them into sending him illicit photographs. Smith concocted a script to lure targets to in-person meetups where he would engage sex acts in the back of a blue Subaru, under a sheet and disguised as a teenage girl.
His disguise included a wig, painted nails and prosthetic breasts. He would record the audio of these assaults and victimized 11 children in these acts, Graves said.
Smith would dress up and commit his “heinous” acts at night, remove his disguise and teach middle school students in the morning, Graves said. He sent thousands of messages to children.
After a victim detected his ruse, a partial photograph of Smith’s license plate was sent to the Durango Police Department and they were able to identify Smith from his vehicle.
Police found a carefully curated collection of child sexual abuse materials, but no evidence Smith distributed those materials, Graves said.
From the pattern of his behavior and the calculation behind his scheme, Graves said that he does not believe Smith stopped because of a change of heart – he stopped because he was caught. Smith admitted to targeting 37 victims.
Graves said that in Smith’s cell at the Archuleta County Detention Center, handwritten stories about high school children committing sexual acts were found by guards. He called for the maximum sentence per the plea deal to be issued.
Gallagher referred to the case as “one of the most heinous crimes any of us can think of.”
In the sentencing judgment, Gallagher talked at length about the long-term negative impacts Smith’s crimes will have upon victim’s lives. Victims of sexual assault are at a much higher risk for mental health concerns, substance abuse and having difficulty with their sexuality for the rest of their lives.
“Your children were not to blame in this, in any fashion,” Gallagher said.
Smith’s mother, Julie Smith, spoke at the sentencing as well. She acknowledged the severity and harm caused by her son’s actions and expressed love and support toward her son in his rehabilitation. She said that the shorter end of the plea agreement’s sentencing terms – 20 years – would be sufficient for Smith rehabilitation.
Gallagher said this is a heartbreaking case for everyone involved – for the victims and their families as well as Smith’s family – with the magnitude of destruction inflicted by Smith.
“This is a heartbreak you are responsible for, Mr. Smith,” Gallagher said.
Smith emotionally addressed the court during his sentencing, expressing guilt and culpability and apologizing to victims and their families for his crimes.
Smith was 30 years old at the time of sentencing, and he will be about 70 years old by the time of release. Upon release, Smith was ordered to be supervised for the rest of his life, which requires many conditions, including providing a DNA sample, sex offense registry registration and computer/internet search limitations.
A comprehensive resource explaining probation and supervised release conditions can be found at bit.ly/4zyPNQf.
Gallagher told the court he was bound by the plea agreement’s sentencing limit of a 40-year maximum. He accepted the plea agreement upon the wishes expressed by victims to maintain their confidentiality and not extend the process for a trial with Smith’s admission of guilt and responsibility.
The plea agreement executes a degree of finality for the case, restricting Smith’s ability to appeal, which allows victims to move on without the case being tried further, Gallagher said.
The common sentiment shared from victims to the prosecution was that they just wanted to be able to move on. Graves said this is one of the most serious and strategic patterns of abuse this court is likely to ever see.
Gallagher said if the plea agreement were not in place for conviction, Smith would likely be issued a life sentence for his crimes.