Gay porn star Austin Wolf has pleaded guilty in federal court to a new count from the DOJ: Enticement of a Minor...
[To read the latest update in the Austin Wolf case, you can read: Austin Wolf Has Been Sentenced To 19 Years In Prison (published: September 29, 2025)]
Austin Wolf, whose legal name is Justin Heath Smith, pleaded guilty on Friday June 20, 2025 in federal court to a new count from the Department of Justice: Enticement of a Minor. Enticement of a Minor [Title 18, U.S. Code § 2422(b)] carries a mandatory minimum prison sentence of 10 years, and it has a maximum sentence of life in prison.
Wolf’s guilty plea is not a surprise, IN Magazine wrote earlier this week that he was expected to plead guilty to at least one charge related to federal child pornography possession. However, the enticement charge, which was just added this morning as part of his plea agreement, is a surprise for those that have been following the case.
Earlier this week, in a letter to U.S. District Judge Paul A. Engelmayer, Thomas Andrykovitz, one of Wolf’s defense attorneys, wrote in court documents that his client “intends to plead guilty to a mandatory minimum charge with a significant advisory range under the United States Sentencing Guidelines.”
In his filing, Andrykovitz cited the complexity of the case and the “essential” need for more time to prepare Smith for allocution. A defendant must accept responsibility for their crimes when they plead guilty. “Proceeding on the current schedule would not permit meaningful preparation,” he wrote, noting the defense’s longstanding relationship with Smith and their intent to ensure the plea is knowing and voluntary.
Given that Wolf now faces life in prison (and at least a 10 year mandatory minimum) for enticement of a minor, it is possible that the previous CSAM possession/distribution counts might have been dropped as part of the ongoing plea deal. Wolf’s case has now been referred to probation for pre-sentence investigation, which means that we are still several months away from his actual sentencing.
Wolf was arrested on Friday, June 28, 2024, on charges related to child exploitation materials and has been in custody at the Metropolitan Detention Center in Brooklyn ever since. In the year since his arrest he has been granted 11 different continuances, which were all at the request of his attorneys and the federal prosecutors working on the case. The ongoing Order of Continuances were meant to give more time for discussion between both parties for a possible resolution.
This is a developing story…
A timeline of what has happened
In June 2024 Justin Heath Smith, known by his porn star name Austin Wolf, was arrested and charged with one count of distribution and receipt of child pornography, and one count of possession of child pornography. The popular adult film star was accused of sending and receiving “hundreds of videos of child pornography,” according to the initial press release from the U.S. Attorney’s Office in the Southern District of New York.
Smith was taken into custody and made his initial appearance before Magistrate Judge Tarnofsky on Friday, June 28, 2024 when a preliminary hearing was scheduled for late July. Wolf was represented by defense attorneys Michael Baldassare and Thomas Andrykovitz.
At the end of June, Andrykovitz gave a statement to The Advocate, and in addition to labeling the government’s charges as “unproven allegations,” the lawyer stated that Smith was being held in “inhumane” conditions at the Metropolitan Detention Center. Andrykovitz’s statement read:
“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. 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.”
Shortly before the scheduled July hearing, on Tuesday, July 23, 2024, Magistrate Judge Valerie Figueredo entered an Order of Continuance, extending the time within which a preliminary hearing would have to be conducted or an indictment or information would have to be filed in this case against Wolf until Wednesday, August 28, 2024. Defense attorneys Baldassare and Andrykovitz consented to the extension on behalf of Smith.
As expected on Tuesday, August 27, 2024, Magistrate Judge Stewart D. Aaron extended the Order of Continuance to Friday, September 27, 2024 to allow for more time for discussions between federal prosecutors working on the case and Smith’s attorneys.
A few days before that scheduled hearing, on Tuesday, September 24, 2024, the Honorable Katharine H. Parker entered an Order of Continuance, extending the time for a preliminary hearing or an indictment to Monday, October 28, 2024.
As that deadline approached, on Thursday, October 24, 2024, the Honorable Gary Stein entered an Order of Continuance, which extended the deadline once again… This time to Wednesday, November 27, 2024. Again, the extension was at the request of Smith’s attorneys and federal prosecutors working on the case.
The day before the November deadline, on Tuesday, November 26, 2024, the Honorable Barbara Moses entered an Order of Continuance, pushing the deadline to Friday, December 27, 2024. At the time 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.”
On Monday, December 23, 2024, the Honorable Sarah Netburn entered an Order of Continuance, extending the case to Monday, January 27, 2025, leaving Smith locked up at the Metropolitan Detention Center in Brooklyn for the holidays.
On Monday, January 27, 2025, Magistrate Judge Jennifer E. Willis granted yet another 30-day continuance—marking the seventh time since Wolf’s arrest—pushing the deadline for a preliminary hearing or indictment to Wednesday, February 26, 2025. As with the previous extensions, the federal judge who approved the most recent extension did so at the request of both parties, as discussions for a potential plea deal continue.
“It is further found that the granting of such a continuance is for good cause shown and best serves the ends of justice and outweighs the best interests of the public and the defendant in a speedy trial,” wrote Willis in court documents.
On Tuesday, February 25, 2025, Magistrate Judge Henry J. Ricardo granted another 30-day continuance pushing the deadline for a preliminary hearing or indictment to Friday, March 28, 2025. On Monday, March 24, 2025, Honorable Valerie Figueredo granted another 30-day continuance pushing the deadline for a preliminary hearing or indictment to Monday, April 28, 2025. On Friday, April 25, 2025, the Honorable Jennifer E. Willis granted another 30-day continuance pushing the deadline for a preliminary hearing or indictment to Wednesday, May 28, 2025. Then on Tuesday, May 27, 2025 Wolf was granted yet another 30-day continuance pushing the deadline for a preliminary hearing or indictment to Friday, June 27, 2025.
Assistant U.S. Attorney Getzel Berger noted that both the defense and prosecution were continuing negotiations.
Finally on Tuesday June 17, 2025, Wolf’s lawyers revealed in court documents that the gay porn star would plead guilty on Friday, June 20, 2025 to at least one charge related to federal child pornography possession that carries a mandatory minimum prison sentence. As mentioned above, when that date came Wolf plead guilty to a new count from the DOJ: Enticement of a Minor, which carries a minimum prison sentence of 10 years, and has a maximum sentence of life in prison.
This is a developing story…
Corey's dad / 29 August 2025
Corey, you sound like a loser. Get a grip.
COREY / 29 July 2025
He was my upstairs neighbor. I actually had to buzz the FBI into the building the morning of the raid (6am on a Sunday).
Two gay men, around the same age, living in the same unassuming loft building in Chelsea—we ran into eachother often.
We could not have possibly been more different people. Complete opposite ends of the spectrum. Him, representing all that I loathe about gay men, the stereotypes, the cliches and the sex addicted/sex crazed lifestyle men like him not only represent, but are glorified and made “famous” for. For fucking. For fucking on film for money. For being trash. And rising to “fame” for it.
Always so secretive, shady—always felt like he was friendly, but hiding in public. Maybe he knew or felt that he was in the presence of a decent gay man with a clean conscience and a sophisticated moral compass.
Can the gay community please locate and follow a new and more respectable moral compass please? Why are porn stars and only fans “content creators” who we look to for influence? It’s so trashy. That’s the best we can do? Sex addicts, porn stars, drug addicts… come on. When will we raise our bar a little bit higher?
In this case (and I’m sure countless more that have not yet come to light), the “hero” or “god” that every gay publication spent years promoting and endorsing—only to then run from, denounce and shame—turned out to be an ethically dirty criminal. Maybe even a monster.
Stop promoting and elevating people for having sex. Everyone can do it. It’s easy. We all do it. Only, the classier of the bunch do it privately and don’t need to flaunt it, film it, or sell it. Or do it with underage kids.