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City of Virginia Beach, VA

12/10/2019 | Press release | Distributed by Public on 12/10/2019 15:28

Commonwealth v. Eric Ryan Smalley; Sex Offender on Probation Caught with Child Porn, Sentenced to 37 Years

Colin D. Stolle, Commonwealth's Attorney for the city of Virginia Beach, announced that Eric Smalley, age 32, was sentenced today by Circuit Court Judge H. Thomas Padrick for Possession of Child Pornography (5 counts). Judge Padrick sentenced Smalley to 41 years in prison with 21 years suspended, leaving twenty (20) years to serve.

Smalley pled guilty on April 1, 2019. Had this case gone to trial, the Commonwealth's evidence would have proven that on October 10, 2018, a citizen reported suspicious activity on an online message board. The message, posted by 'Bi31YrOldMVa', stated, 'I'm a PED.O IN VIRGINIA BEACH. LOOKING FOR ANOTHER PED.O WHO WILL BE WILLING TO SNATCH A YOUNG BOY OR GIRL AND HAVE SOME FUN. HMU IF INTERESTED.' Detectives began investigating this individual and the address and name came back to Eric Ryan Smalley. When interviewed, Smalley admitted that he is a registered sex offender and this was his screen name. A search of his electronics revealed several images and videos of child pornography.

In addition, at the time of this offense, Smalley was on supervised probation for Aggravated Sexual Battery of a Child under Age 13. These new offenses placed him in violation of the terms of his previously suspended sentence. Today, Judge Padrick revoked his entire previously suspended sentence of seventeen (17) years and three (3) months, for a total sentence of 37 years and three (3) months to serve.

Smalley has prior convictions for Custodial Indecent Liberties (2 counts), Aggravated Sexual Battery, and several violations of probation.

Assistant Commonwealth's Attorney Nickie L. Herron prosecuted this case. Please contact Macie Allen if additional information is desired.