A Flint man who was caught at work viewing porn involving an underage girl will be federally prosecuted.

The case against 39-year-old Kenneth James Smith in Livingston County Circuit Court was recently dismissed without prejudice, meaning it can be tried again. Livingston County Prosecutor Bill Vailliencourt says it was dismissed to facilitate federal prosecution. Smith was indicted by the U.S. District Attorney in Flint and potentially faces a longer sentence on charges of using a computer to commit a crime, possession of child sexually abusive material, and failure to register as a sex offender.

Smith was charged as a result of the October 3rd incident in which he was allegedly caught watching pornography while at work at a manufacturing plant in Howell Township. A supervisor at the plant felt Smith was slacking at work and viewed surveillance footage to further investigate his poor job performance. From the video, the supervisor is said to have witnessed Smith watching pornography on his phone that appeared to involve a female minor. Livingston County Sheriff’s deputies were called to the plant and agreed that the subject in the video was indeed underage, leading to a search warrant to obtain Smith’s phone and electronic devices from his home.

In 2005, Smith was convicted of first-degree criminal sexual conduct with a person under the age of 13, which required him to register as a sex offender for life. He reportedly changed his address and failed to notify the proper authorities, which led to the failure to register as a sex offender charge. (JM)