JBER soldier indicted on child pornography charges

Press Release

Homeland Security Investigations seeking additional information.

ANCHORAGE, Alaska - A federal grand jury in Alaska returned an indictment on Thursday charging an Army soldier with child pornography offenses.

The defendant, Seth Herrera, 34, who is stationed at Joint Base Elmendorf-Richardson in Anchorage, was arrested on August 23, 2024.

According to court documents, Herrera transported, received and possessed files depicting child sexual abuse. Herrera also allegedly used artificial intelligence (AI) to generate child sexual abuse materials (CSAM) depicting minors known to him.

Court documents further allege that law enforcement uncovered tens of thousands of visual depictions of the violent sexual abuse of children as young as infants on cellphones belonging to the defendant. Herrera also allegedly used encrypted messaging applications and network applications to find, receive and download CSAM.

Herrera is charged with one count of transportation of child pornography, one count of receipt of child pornography and one count of possession of child pornography. The defendant is currently scheduled for his initial court appearance on August 27, 2024, before U.S. Magistrate Judge Reardon of the U.S. District Court for the District of Alaska. If convicted, he faces a mandatory minimum penalty of 5 years in prison and up to 20 years in prison. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

"The misuse of cutting-edge generative AI is accelerating the proliferation of dangerous content, including child sexual abuse material - so the Department of Justice is accelerating its enforcement efforts," said Deputy Attorney General Lisa Monaco. "As alleged, the defendant used AI tools to morph images of real kids into horrific child sexual abuse material. Criminals considering the use of AI to perpetuate their crimes should stop and think twice - because the Department of Justice is prosecuting AI-enabled criminal conduct to the fullest extent of the law and will seek increased sentences wherever warranted."

"Technology may change, but our commitment to protecting children will not," said S. Lane Tucker, U.S. Attorney for the District of Alaska. "We will aggressively pursue those who produce and traffic in child sexual abuse material (CSAM), no matter how that material was created. Put simply, CSAM generated by AI is still CSAM, and those who sexually exploit children, through whatever technological means, will be held accountable by our office in conjunction with our law enforcement partners, for justice and the safety of our children."

"The charges against Herrera, a U.S. military soldier, for trafficking and generating child sexual abuse materials using artificial intelligence represent a profound violation of trust as well as preview of the challenges law enforcement continues to face in this evolving threat to our children" said Special Agent in Charge Robert Hammer of Homeland Security Investigations (HSI) Pacific Northwest Division. "This appalling misconduct undermines Herrera's commitment to defending both our nation and its most vulnerable members."

U.S. Attorney S. Lane Tucker for the District of Alaska and Special Agent in Charge Robert Hammer of Homeland Security Investigations (HSI) Pacific Northwest operations made the announcement.

The Department of Homeland Security Investigations (HSI) and Department of Defense Criminal Investigation Division are investigating the case. If anyone has information concerning Herrera's alleged actions or may have encountered someone in person or online using the name Seth Herrera, please contact the HSI tip line at 1-877-447-4847.

Assistant U.S. Attorney Mac Caille Petursson and Trial Attorney Rachel L. Rothberg of the Criminal Division's Child Exploitation and Obscenity Section (CEOS) are prosecuting the case.

An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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Updated August 26, 2024