Austin Wolf’s Court Date In His Federal Criminal Case Pushed Back For Ninth Time

It's been nine months since adult performer Austin Wolf aka Justin Heath Smith was put in handcuffs on federal child pornography charges.

We have another monthly update on his case, and yet again a federal judge has granted a ninth continuance, pushing the deadline for indictment or preliminary hearing to April 28—just two months shy of the one-year mark since his June 28, 2024 arrest. Court records show that plea negotiations between Smith’s attorneys and federal prosecutors are ongoing.

For those of you who need it, here's a refresher on Smith's case. In June 2024 Smith aka 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 is accused of sending and receiving “hundreds of video of child pornography,” according to a 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 a judge on Friday, June 28, 2024 when a preliminary hearing was scheduled for late July. That hearing was then rescheduled for Wednesday, August 28, 2024, and then again rescheduled for Friday, September 27, 2024. In September, a federal court in the Southern District of New York granted yet another continuance, moving the deadline for Smith’s preliminary hearing or indictment to Monday, October 28, 2024. As that deadline approached a federal judge granted yet another continuance moving the preliminary hearing deadline to Wednesday, November 27. In November a federal judge in New York granted yet another 30-day continuance pushing the deadline for a preliminary hearing or indictment to Friday, December 27, 2024, according to court documents.

On Tuesday, November 27 Southern District of New York Magistrate Judge Barbara 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.”

A federal judge in New York has now granted yet another 30-day continuance—marking the sixth time this has happened since his initial arrest on June 28—pushing the deadline for a preliminary hearing or indictment to Monday, January 27, 2025.

I happened to come across an article on Pride where they asked the following: Do adult entertainers have an obligation to comment on Austin Wolf's arrest, especially if they've collaborated with him?

Jason Luna is a longtime friend and collaborator of Wolf's who mentioned that many people have stayed silent since they're in shock themselves.

"Most of us are silent because we are having a really difficult time processing what just happened," Luna posted.

It should be pointed out that even before adult performers could find the words to rebuke Wolf's actions that people were quick to attack them on social media.

For example, Josh Moore pointed out that a ton of models in the industry were getting scary messages and threats for having minimal connection with Wolf, which he believes isn't fair.

Timothy Champagne, who can't decide from day to day if he's gay or gay for pay, posted a video on Instagram condemning Wolf, and even clapped back at the backlash they received online.

"I'm sorry to all the victims. There's so many layers to this story, but the takeaway is you never know. Everybody really respected him. Everyone loved him. He doesn't speak for the rest of us. We condemn this behavior entirely," Xavier said.

Champagne also called out trolls online who made false accusations about other sex workers having any involvement in Wolf's case.

"Most people in the industry are ethical. If you've worked with him in the past, I feel like people will accuse you of knowing things. People don't know. People online just want you to be a hypocrite and they're addicted to drama. This isn't drama. This is something real. Not everybody knew what was going on," Champagne added.

Personally I feel that if you have the ability to speak out, then do so. A lot of people don't have the energy to jump on a soap box and call people out on the things that they do. The panic tweeting feels like they need to get ahead of the narrative out of fear they will be dragged by trolls on social media. It almost feels like guilt by association. Just because you collaborated with a specific model doesn't mean you condone the things they do once the cameras stop rolling.

However, if you have worked with Austin, and your content teeters on the incest-style porn that he has made millions pushing then it would behoove you to remove the content from whatever platform you post your content to.