39-year-old Idaho Falls man arrested for lewd conduct with 16-year-old

IDAHO FALLS – A 39-year-old man was arrested after reportedly raping and possessing naked photos of a 16-year-old victim.

Andrew Cortez Smith was charged with felony child sexually exploitative material, felony lewd conduct with a child, felony enticing children through the internet, and felony rape of a victim under 16.

On Aug. 8, an Idaho Falls Police officer met with the 16-year-old victim, who said she had been having an “intimate relationship” with Smith, according to court documents.

She consented to downloading her cellphone and later participated in a forensic interview at the Domestic Violence and Sexual Assault Center.

During the interview, the victim stated she had sexual contact with Smith multiple times, including before and on her 16th birthday.

Officers obtained a search warrant for Smith’s phone and downloaded the data from it. Officers reportedly found 2,847 texts and six phone calls between Smith and the victim.

One of the messages reportedly starts with Smith offering the victim alcohol and then apologizing, saying it won’t happen again, and asking her “please don’t tell anyone.”

The same conversation continues, with court documents saying Smith was “being very forward asking (the victim) about sex.”

Smith told the victim he “doesn’t do maybe’s” and reportedly pushed the victim to answer increasingly sexual-in-nature questions.

At one point, Smith asks the victim how old she is, to which she responds that she is “15 but I turn 16 (soon).” Smith responded, “So you tryna let me groom you to be a lady?”

On Smith’s phone, officers reportedly also found nude photos of the victim.

A warrant was issued for Smith’s arrest on Wednesday, and he was booked into the Bonneville County Jail with a bond of $100,000. A no-contact order was issued for the victim on Friday.

He is expected to appear for a preliminary hearing on Nov. 1. If convicted, he could face up to life in prison.