A U.S. soldier in Alaska is facing charges in federal court after prosecutors say he used artificial intelligence to create sexual depictions of children he knew, including children his own daughter’s age.
Spc. Seth Herrera, 34, stationed at Joint Base Elmendorf-Richardson in Anchorage, Alaska, was arrested last week on three counts related to his possession of thousands of images that prosecutors say depict the brutal sexual abuse of children, including infants.
Herrera’s indictment comes just months after federal officials charged a Wisconsin man with similar allegations, in what is believed to be the first attempt to prosecute the creation of child sexual abuse material using only artificial intelligence.
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In court documents, prosecutors say Herrera is a heavy-duty truck driver for the Army who regularly transports supplies between Anchorage and Fairbanks.
John Pennell, an Army spokesman, told Military.com that Herrera entered the service in November 2019 and was stationed at Fort Sill, Oklahoma, Fort Leonard Wood, Missouri, Fort Bliss, Texas, and South Korea before being assigned to the 11th Airborne Division and arriving in Alaska in August 2023.
According to court documents, investigators found that Herrera’s three Samsung Galaxy phones were “full of contraband” and “contained, among other evidence, tens of thousands of videos and images dating back to March 2021 depicting the brutal rape and sexual abuse of children in infancy.”
Prosecutors said Herrera, who lives with his wife and daughter, “obtained and specifically searched for files (containing child pornography) depicting underage women approximately the same age as his prepubescent, underage daughter.”
In addition, he took nude pictures and videos of children he knew and used artificial intelligence to enhance those images. He also “created new, altered” images using artificial intelligence.
“When the secret recordings and images did not satisfy his sexual desires, he turned to AI chatbots to ensure that these underage victims were portrayed as having engaged in the type of sexual conduct he wanted to see,” the court documents continue.
Military.com reached out to Herrera’s defense attorney but did not receive a response.
Special Agent in Charge Robert Hammer of Homeland Security Investigations said in a statement released Monday that Herrera’s actions were “a serious breach of trust” and that the “appalling misconduct undermines (his) commitment to defend both our nation and its most vulnerable members.”
“The misuse of cutting-edge generative AI is accelerating the spread of dangerous content,” Assistant Attorney General Lisa Monaco said in the same statement. “Criminals considering using AI to commit their crimes should pause and think twice.”
According to court records, a judge ordered Herrera to remain in jail pending trial during a hearing Tuesday.
The Justice Department’s statement said that if convicted, Herrera faces a maximum prison sentence of 20 years.
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