DATE: January 7, 2025

CASE: Theodore Smith & James Smith (Case #21FE017195)

PROSECUTOR: Assistant Chief Deputy District Attorney Chris Ore, Sex Crimes & Family Violence Bureau

On December 20, 2024, the Honorable Donald Currier sentenced Theodore Smith to 100 years in prison and James Smith to 23 years to life in prison.  On November 13, 2024, Theodore Smith pled no contest to 11 counts of committing forcible lewd acts upon a child and three counts of lewd acts upon a child.  He also admitted to a substantial sexual conduct allegation and aggravating factors that he was in a position of trust and the crimes took planning and sophistication. James Smith pled no contest to two counts of committing lewd acts upon a child. He also admitted to a multiple victim allegation and substantial sexual conduct allegation as well as aggravating factors that he was in a position of trust and the crimes took planning and sophistication.

The charges relating to Theodore Smith are from 1988 and James Smith from 1993.  Theodore Smith is the father of James Smith. The case came to the attention of law enforcement when a citizen purchased the Orangevale home where the Smiths had lived for over 40 years.  In 2021, the citizen was renovating an outbuilding when explicit Polaroid photos and video tapes showing child exploitation from the 1980s and 1990s came tumbling out from the wall. The citizen called the Sheriff’s Office and after a thorough and extensive investigation by detectives, they were able to locate the now adult victims. The victims were under 5 years old when the abuse began, and it continued for the majority of their first decade in life.  The victims never told anyone about the abuse other than their spouses. Despite video and photographic proof of the molestation, the criminal law statute of limitations prohibited charges for the abuse that occurred prior to 1988. Criminal charges of forcible child molestation were filed for molest that occurred after 1988.  Some of the molestation involved a conspiracy between James and Theodore Smith. James Smith additionally molested another individual after 2010.

At the time of their arrest, Theodore Smith (age 90) and James Smith (age 66) were living in Texas. Child Sexual Abuse Material (CSAM) was found at the Texas residence and property.  James Smith was found in a vehicle in route back to California with CSAM in his possession.