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Justice News

Department of Justice
U.S. Attorney’s Office
Middle District of Florida

FOR IMMEDIATE RELEASE
Wednesday, October 26, 2022

Lehigh Acres Man Sentenced To 50 Years For Producing And Possessing Child Sexual Abuse Images And Videos

Fort Myers, Florida – U.S. District Judge Sheri Polster Chappell has sentenced Heriberto Batista Montijo (43, Lehigh Acres) to 50 years in federal prison for producing and possessing images and videos depicting the sexual abuse of a child.  The court also sentenced Batista Montijo to serve a life term of supervised release and ordered him to register as a sex offender. Batista Montijo had pleaded guilty on June 27, 2022.

According to court documents, Batista Montijo produced images and videos of his sexual abuse of two minors, and he possessed other videos depicting the sexual abuse of unidentified minors. In January 2021, the National Center for Missing and Exploited Children (NCMEC) received a cybertip concerning an individual who had uploaded child sexual abuse material using his social media account, and NCMEC provided the cybertip to law enforcement. 

On May 13, 2021, law enforcement executed a search warrant at Batista Montijo’s residence and located the security camera from his bedroom. The following day, law enforcement obtained and executed a search warrant for Batista Montijo’s vehicle and located his cellphone. A subsequent forensic analysis of Batista Montijo’s cellphone and security camera revealed images and videos of Batista Montijo sexually abusing a 12-year-old child and a10-year-old child between February and March 2021. Additionally, other videos were located on his cellphone which depicted the sexual abuse of unidentified minors.

“The 50-year prison sentence handed down in this case is proof of the FBI’s vigilance and dedication to protecting children. Our Child Exploitation Task Forces work tirelessly to ensure sexual predators like Mr. Montijo, are removed from society; never to prey on the innocent again,” said FBI Tampa Division Special Agent in Charge David Walker.        

This case was investigated by the Federal Bureau of Investigation, Fort Myers Child Exploitation and Human Trafficking Task Force, and the Lee County Sheriff’s Office. It was prosecuted by Assistant United States Attorney Yolande G. Viacava.

This is another case brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

Topic(s): 
Project Safe Childhood
Component(s): 
Updated October 26, 2022