Army soldier allegedly uses AI to create child porn

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

He is accused of transporting, receiving and possessing files depicting child sexual abuse. Herrera used online AI chatbots to create realistic child sexual abuse material depicting minors known to him, including toddlers, prosecutors said.

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

She added: “Criminals considering using AI to commit their crimes should pause and think again – because the Department of Justice is prosecuting AI-enabled crimes to the fullest extent of the law and will seek increased penalties wherever warranted.”

Herrera is charged with transportation of child pornography, receipt of child pornography and possession of child pornography.

“Technology may change, but our commitment to protecting children will not,” said U.S. Attorney S. Lane Tucker for the District of Alaska. “We will aggressively pursue those who produce and traffic in child sexual abuse material, regardless of how that material was created. Simply put, child sexual abuse material generated by AI is still child sexual abuse material, and those who sexually exploit children, through whatever technological means, will be held accountable by our office, in collaboration with our law enforcement partners, to ensure justice is served and our children are kept safe.”

Katrina Berger, deputy director of Homeland Security Investigations, said, “No child should have to suffer from such travesties, and no one should feel immune from the discovery and prosecution of these crimes by HSI and its law enforcement partners.”

Herrera was stationed at Joint Base Elmendorf-Richardson in Anchorage.

“This horrific misconduct undermines Herrera’s commitment to defending both our nation and its most vulnerable members,” said Special Agent in Charge Robert Hammer of HSI’s Pacific Northwest Division.

Anyone with information about Herrera's alleged actions or who may have encountered someone in person or online using the name Seth Herrera should contact the HSI Hotline at 877-447-4847.

Last year, the National Center for Missing & Exploited Children received 4,700 reports of child pornography created using artificial intelligence, including deepfakes of real children for blackmail purposes.

Earlier this month, 38-year-old Phillip Michael McCorkle of Florida was arrested for allegedly using artificial intelligence to create child pornography and distribute it via the social media platform Kik, the Indian River County Sheriff's Office said.

In March, Google suspended its AI image generator after Gemini depicted America's founding fathers and Nazi soldiers as black. The images went viral and embarrassed Google.