Las Cruces Man, 42, Booked on Criminal Sexual Penetration and Battery Charges

Allegedly... Brian Kenneth Smolak, 42, of Las Cruces, was booked into the Doña Ana County Detention Center on Feb. 24, 2026. Smolak faces multiple felony charges including criminal sexual penetration involving injury, aggravated battery against a household member causing great bodily harm, and false imprisonment, along with a misdemeanor battery count. He was arrested at 1850 Copper Loop and is currently being held without bond under booking number 2600001549. According to news reports, the investigation began after New Mexico State Police arrested a woman for aggravated DWI in Socorro County. During that encounter, the woman reported she had been sexually assaulted earlier that day by Smolak, identified as her ex-boyfriend. Officers located Smolak at a motel in Las Cruces, where he was taken into custody after authorities discovered he was also wanted on outstanding nationwide warrants. The charges are allegations, and Smolak is presumed innocent unless and until a court finds otherwise.