Oscar F. Hernandez III, a 23-year-old resident of Buffalo, New York, has pleaded guilty to possessing child pornography involving a prepubescent minor. The plea was entered before U.S. District Judge John L. Sinatra, Jr., according to an announcement from U.S. Attorney Michael DiGiacomo.
Hernandez faces a mandatory minimum sentence of 10 years in prison and could serve up to 20 years, with a potential fine of $250,000.
Assistant U.S. Attorney Douglas A.C. Penrose provided details about the case, stating that Hernandez had previously been convicted in December 2022 for Attempted Possessing a Sexual Performance by a Child in New York State Court and was sentenced to six years of probation. Despite this prior conviction, on June 18, 2024, Hernandez used Instagram to share two videos containing child pornography with another user whom he believed was a minor. He uploaded these videos using his cellular phone.
A search warrant was executed at Hernandez’s home on May 14, 2025. During the search, law enforcement officers seized several electronic devices including a cell phone that contained 15 images of child pornography.
“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.”
