Oscar F. Hernandez III, a 23-year-old resident of Buffalo, New York, has pleaded guilty to possession of child pornography involving a prepubescent minor. The announcement was made by U.S. Attorney Michael DiGiacomo. Hernandez entered his plea before U.S. District Judge John L. Sinatra, Jr.
The charge follows a previous conviction under New York law related to the possession of child pornography. According to authorities, the federal charge carries a mandatory minimum sentence of 10 years in prison and could result in up to 20 years imprisonment and a fine of $250,000.
Assistant U.S. Attorney Douglas A.C. Penrose provided details about the case: in December 2022, Hernandez was convicted in New York State Court for Attempted Possessing a Sexual Performance by a Child and received six years of probation as his sentence. On June 18, 2024, Hernandez used Instagram to share two videos containing child pornography with another user he believed was a minor. He used his cellular phone to upload and distribute these videos through the platform.
Law enforcement executed a search warrant at Hernandez’s residence on May 14, 2025, where they seized several electronic devices including his cell phone; investigators found it contained fifteen images depicting child pornography.
U.S. Attorney Michael DiGiacomo stated that "The plea is the result of an investigation by Homeland Security Investigations, under the direction of Special Agent-in-Charge Erin Keegan and the National Center for Missing and Exploited Children."
