JBER soldier appears in federal court on charges related to AI-generated child sexual abuse images

ANCHORAGE, Alaska (KTUU) – A 34-year-old soldier from Joint Base Elmendorf-Richardson made his first appearance in federal court Tuesday after being charged with several federal offenses related to depictions of child sexual abuse.

US soldier Seth Herrera is accused of using artificial intelligence and AI chatbots to create pornography featuring minors he was in contact with. Some of the children are the same age as one of Herrera's daughters, court documents show.

On Thursday, a federal grand jury indicted Herrera on charges of transportation of child pornography, receipt of child pornography and possession of child pornography.

According to the U.S. Attorney's Office for the District of Alaska, he was arrested the following day.

If convicted, Herrera faces a maximum of 20 years in prison.

After hearing arguments from the prosecution and Herrera's defense on whether or not he should remain in custody for the duration of the trial, U.S. District Judge Kyle Reardon of the U.S. District Court for the District of Alaska ruled in favor of the government, agreeing that Herrera poses a “danger to the community” and demonstrates a “marked level of sophistication in surfing the Internet and covering his tracks and concealing his activities.”

While no conference to set trial dates was held on Tuesday, a discovery management conference was scheduled for October 1, 2024 at 1:30 p.m.

Attorney Rachel L. Rothberg did not immediately respond to a request for comment from Alaska's News Source. Herrera's defense attorney, Ben Muse, said in an emailed statement that he “cannot comment at this time.”

According to court documents, Herrera is also accused of viewing images specifically depicting violent sexual abuse of children and infants, created from images and videos of children obtained from various social media sites.

“The misuse of cutting-edge generative AI is accelerating the spread of dangerous content,” Assistant Attorney General Lisa Monaco said in a statement, “including child sexual abuse material – which is why the Department of Justice is accelerating its enforcement efforts. As alleged, the defendant used AI tools to transform images of real children into horrific child sexual abuse material.”

A detention document filed in the U.S. District Court for the District of Alaska shows that Herrera also stored “secret recordings” of minors undressing in his home.

A forensic review of three of his cell phones found tens of thousands of videos and images dating back to March 2021 depicting brutal rape and sexual abuse of children.

Herrera allegedly used encrypted messaging applications and joined groups known for trafficking child sexual abuse material. Prosecutors say he then stored the material in a password-protected app – disguised as a calculator on his phone – to hide the files.

In March of this year, the FBI published a Public notice regarding child sexual abuse material and warning of the legal consequences associated with the acquisition and creation of such material by AI.

“Federal law prohibits the production, advertising, transportation, distribution, receipt, sale, access with intent to view, and possession of any CSAM, including realistic computer-generated imagery,” the FBI said.

According to a statement from Joint Base Elmendorf-Richardson to Alaska's News Source, Herrera was a motor transport operator with the 17th Combat Sustainment Support Battalion, 11th Airborne Division. He joined the Army in November 2019 and was previously stationed at Fort Sill, Oklahoma; Fort Leonard Wood, Missouri; Fort Bliss, Texas; and a base in Korea before arriving in Alaska in August 2023.

After hearing arguments from the prosecution and Herrera's defense on whether or not he should remain in custody for the duration of the trial, U.S. District Judge Kyle Reardon of the U.S. District Court for the District of Alaska ruled in favor of the government, agreeing that Herrera poses a “danger to the community” and demonstrates a “marked level of sophistication in surfing the Internet and covering his tracks and concealing his activities.”

If anyone has information about Herrera's alleged actions or may have encountered someone in person or online using the name Seth Herrera, the Department of Justice asks you to contact the Homeland Security Investigations Hotline at (877) 447-4847.

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