Virginia Beach man sentenced to 12 years for sex acts with a minor

VIRGINIA BEACH

David Michael Smart, convicted of engaging in sex acts with a 13-year-old girl, whom he met through a telephone chat service, will serve 12 years in prison.

Judge Patricia L. West sentenced the 44-year-old Smart, to 20 years, with eight suspended and contingent on him staying out of trouble for 40 years following his release. 

During Smart’s trial in April, prosecutor Wendy Alexander convinced Judge West that Smart met the girl on the 18-and-older phone line after she left a message on it. After speaking several times, Smart arranged three meetings in which he and the teen engaged in sex acts, she said.

Sentencing guildeliness called for Smart to serve 15 to 25 months in prison for his convictions on carnal knowledge of a minor and taking indecent liberties. The judge exceeded the guidelines and cited as support for her decision Smart’s lack of remorse and his criminal history.

In 2003, Smart was convicted of contributing to the delinquency of a minor, a misdemeanor, after he impregnated separate 15-year-old girls in Norfolk and Chesapeake. He also met one of those victims through a telephone chat service, Alexander said.