Soldier's Child Porn Charges Come as Feds Pursue Cases in Which Artificial Intelligence Was Used to Make Images

A U.S. soldier in Alaska is facing federal charges after prosecutors say that he used artificial intelligence to create sexual images of children whom he knew -- including those around his own daughter's age.

Spc. Seth Herrera, 34, who is stationed at Joint Base Elmendorf-Richardson in Anchorage, Alaska, was arrested last week on three charges that stem from his possession of thousands of images that prosecutors say depicted the violent sexual abuse of children, including infants.

Herrera's charges come just months after federal officials charged a Wisconsin man with similar allegations in a case that is believed to be the first attempt to prosecute the creation of child sexual abuse material entirely through AI.

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In court documents, prosecutors say that Herrera is a heavy vehicle driver for the Army who regularly drives supplies between Anchorage and Fairbanks.

John Pennell, a spokesman for the Army, told Military.com that Herrera joined the service in November 2019, and was stationed at Fort Sill, Oklahoma; Fort Leonard Wood, Missouri; Fort Bliss, Texas; and in 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 cellphones were "replete with contraband" and "contained, among other evidence, tens of thousands of videos and images depicting the violent rape and sexual abuse of children as young as infants, dating back to as early as March 2021."

Prosecutors said Herrera, who lives with his wife and daughter, had "received and specifically sought [child pornography] files depicting minor females around the same age as his prepubescent, minor daughter."

In addition, he took nude and inappropriate images and videos of children whom he knew and used AI to enhance those pictures. He also "created new, morphed" images using AI.

"When the surreptitious recordings and images did not satisfy his sexual desires, he turned to AI chatbots to ensure these minor victims would be depicted as if they had engaged in the type of sexual conduct he wanted to see," the court documents added.

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 that Herrera's actions were "a profound violation of trust" and that the "appalling misconduct undermines [his] commitment to defending both our nation and its most vulnerable members," in a statement released Monday.

"The misuse of cutting-edge generative AI is accelerating the proliferation of dangerous content," Deputy Attorney General Lisa Monaco said in the same statement. "Criminals considering the use of AI to perpetuate their crimes should stop and think twice."

Court records show that a judge ordered Herrera be jailed until trial during a hearing Tuesday.

The statement from the Department of Justice said that, if convicted, Herrera faces a maximum of 20 years in prison.

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