Independence County man jailed on failure-to-register charges

An Independence County man has been arrested on felony charges alleging he failed to comply with sex offender registration and reporting requirements.

According to court documents filed in Independence County Circuit Court, Nicholas Horton Smith, 34, was arrested Dec. 16 after a magistrate found probable cause to issue a warrant. Smith is charged with two counts of failure to comply with registration and reporting requirements, a Class C felony. Prosecutors allege Smith qualifies as a habitual offender due to prior felony convictions, making him subject to an extended sentence if convicted.

The affidavit states the investigation began Nov. 10 after a report to the child abuse hotline from a Batesville child care facility. The report alleged burn marks were observed on the wrist of a 4-year-old child when the child returned to the center, marks that were not present days earlier.

During the investigation, authorities determined Smith had been living in the home with the child’s mother. A records check showed Smith is a registered Level 3 sex offender who reported living at an address in Sulphur Rock. The Independence County Sheriff’s Office reported Smith had not been located at that address despite repeated checks.

Investigators later learned Smith had been living at a residence in Batesville, a location not listed on his registration paperwork. Court documents also state Smith was present at the Batesville child care facility on Dec. 16, despite restrictions that prohibit Level 3 sex offenders from entering child care facilities or school campuses when children are present.

Smith was arrested the same day. Bond was set at $100,000.

Nicholas Horton Smith

Image: Independence County Sheriff’s Office