Exclusive: DOJ Accuses Austin Wolf Of Being “Hands-On Predator” Who Had Sex With 15-Year-Old, Planned To Rape 7-Year-Old Boy

Posted March 28, 2025 by with 42 comments

Gay porn star Austin Wolf was charged by complaint for allegedly possessing and distributing hundreds of child porn videos after being arrested last year in New York. Nine months (and nine continuances) later, we may finally have some insight as to why Wolf has been imprisoned for so long without a formal indictment or trial date, and the reasons are even more disturbing than those initial charges announced last June.

Str8Up has obtained the transcript from Austin Wolf’s (identified by his legal name, Justin Heath Smith) first court hearing following his arrest on June 28th, 2024, and while the transcript had been sealed for several months, it’s now open and reveals shocking accusations from Assistant U.S. Attorney Getzel Berger, who alleges that Wolf had sex with a 15-year-old several times and planned to rape a 7-year-old boy in Florida with the help of that boy’s father.

The horrifying claims were made as part of the government’s argument against releasing Wolf on bail during his first court hearing, and while it’s important to note that these accusations were not and have not been filed as charges against Wolf, they might explain in part why the case has been delayed for nearly a year.

As you’ll read below, the government purportedly has evidence that Wolf is a “hands-on predator,” which could mean that additional charges would be added before the grand jury indictment (which is required for the case to go to trial). Or, as we’ve suspected all along, Wolf could be cooperating in the hopes of a plea deal, because there are clearly multiple other suspects involved (one of whom is alleged to have had a three-way with Wolf and a minor), based on these new revelations in the court transcript.

Here are the relevant sections of the government’s (“Mr. Berger”) argument against releasing Wolf from detention during his first court appearance on June 28th, 2024, just hours after his arrest:

Again, these accusations have not been filed as actual charges against Wolf. The two counts he’s currently facing are: Receipt and Distribution of Child Pornography and Possession of Child Pornography. If convicted on both, he could be sentenced to 30 years in prison.

Here was one other part of the transcript in which Berger states that Wolf was hiding his crimes from his partner, and therefore that partner could not be placed into any sort of reliable supervisory role if Wolf were allowed to be on home confinement:

Given that the uncharged conduct described by Berger involves so many other victims and suspects, all the continuances make more sense now. Maybe Wolf’s plea depends on turning in the other adults he conspired with (including that Florida father, and whoever was allegedly filmed having a three-way with Wolf and a teen boy), and the government would presumably be working to gather even more evidence to support these additional convictions.

The next update on the case will be in before April 27th (maybe a 10th continuance?), and as noted, there have now been nine continuances. The last one was granted earlier this week, as seen here:

Wolf 9th by Str8Up on Scribd

And finally, here is the complete 55-page court transcript from Austin Wolf’s initial court hearing following his arrest last June, which includes all of AUSA Berger’s “uncharged conduct” claims:

Wolf detention hearing transcript by Str8Up on Scribd

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