A soldier at Joint Base Elmendorf-Richardson in Alaska was arraigned Tuesday on charges that he used artificial intelligence software to create, receive and share thousands of fake pornographic images of minors, including some of children who he knew.
Spc. Seth Herrera, 34, pleaded not guilty to one count of transportation of child pornography, one count of receipt of child pornography and one count of possession of child pornography.
If convicted, Herrera faces five to 20 years in prison.
Court documents state Herrera also has been told he faces an additional possible charge of attempted sexual exploitation of a child. Conviction carries a 15-year mandatory minimum sentence.
Magistrate Judge Kyle Reardon of the U.S. district court for Alaska presided at the arraignment, where prosecutors presented their indictment of Herrera and requested he remain in detention.
The indictment accuses Herrera of possessing tens of thousands of “visual depictions of the violent sexual abuse of children as young as infants” on three cellphones that he owned.
Authorities said Herrera used encrypted messaging applications, including Telegram, to download “child sexual abuse materials.” Other apps used by Herrera include Potato Chat, Enigma and nandbox.
“The defendant created his own public Telegram group to store his [child sexual abuse materials] and sent himself video files that include screaming children being raped,” according to a court document.
Using artificial intelligence software, Herrera would merge video, including images of children who lived near his residence at Elmendorf-Richardson, with pornographic images. The AI software would change the face and other characteristics to make it seem as if the child was involved in violent, sometimes incestuous sexual activity.
Prosecutors requested Herrera remain in detention because they claimed he is a danger to his community and others.
“The defendant poses a serious risk to his minor daughter, who remains in his care,” prosecutors said.
Herrera also has a 15-year-old son who resides in Texas, according to the court document.
Prosecutors said Herrera, his wife and daughter live in base housing at Elmendorf-Richardson, and their home is “surrounded by minors.”
As a heavy vehicle driver for the Army’s 11th Airborne Division, Herrera also had “access” to children in Fairbanks as well as Anchorage, they claimed.
One battalion of the 11th Airborne Division is stationed at Joint Base Elmendorf-Richardson in Anchorage, a base shared by the Army and Air Force. A second battalion of the 11th Airborne Division is based at Fort Wainwright near Fairbanks.
Prosecutors said forensic evidence from Herrera’s cellphones and interviews with him indicated his interest in child sexual abuse materials dates to at least early 2021.
Prosecutors also argued Herrera is a flight risk if released on bail. His ability to create the AI-generated images shows Herrera knows how to alter images that could be used to create false identification documents.
The judge ordered Herrera detained for trial. He was being held at the Anchorage Correctional Complex, an Alaska state detention facility with moderate-level security.
Herrera was represented by assistant federal public defender Benjamin Muse, who could not be reached Wednesday for comment. His next court appearance is scheduled for Oct. 1.
Herrera is a motor transport operator assigned to the 17th Combat Sustainment Support Battalion of the 11th Airborne Division, the Army said. He joined the Army in November 2019, and was stationed at Fort Sill, Okla.; Fort Leonard Wood, Mo.; Fort Bliss, Texas; and the Republic of Korea before arriving in Alaska in August 2023, according to Lt. Col. Leah Ganoni, a spokeswoman for the 11th Airborne Division.
Prosecutors asserted in court that Herrera had accessed child pornography for several years. His actions were uncovered when he tried to access a link containing what authorities said was “child sexual abuse material” depicting prepubescent minor females about the same age as his daughter.
Herrera’s activities began prior to his stationing in Alaska, and the “defendant stored surreptitious recordings and images taken of minors known to him and to whom he had access in 2022 and 2023 outside of Alaska,” according to the court document.
Herrera was indicted by a federal grand jury in Anchorage on Aug. 22. Herrera was arrested Aug. 23. Authorities announced the allegations against Herrera on Monday.
Under military guidelines established in December, Herrera could be prosecuted by the Army’s Office of Special Trial Counsel. Michelle McCaskill, a spokeswoman for the Army’s special trial counsel, said the Department of Justice plans to prosecute Herrera in civilian court.
The judge in Herrera’s case has a military legal background. Before becoming a magistrate and prosecutor, Reardon began his legal career with the Army’s judge advocate general.