Buffalo man charged with distributing child pornography

BUFFALO, N.Y. - U.S. Attorney Michael DiGiacomo announced today that Oscar F. Hernandez III, 23, of Buffalo, NY, was arrested and charged by criminal complaint with distribution of child pornography, which carries a mandatory minimum penalty of 15 years in prison, a maximum penalty of 40 years in prison, as well as a $250,000 fine.

Assistant U.S. Attorney Douglas A.C. Penrose, who is handling the case, stated that according to the complaint, in June 2024, Instagram submitted a report to the National Center for Missing and Exploited Children that a user uploaded two files of suspected child pornography during a Messenger thread with another user. A review determined that the files contained videos of two minor males engaged in sex acts. Subsequent investigation traced the files to Hernandez. In December 2022, Hernandez was convicted of attempted Possessing Sexual Performance by Child less than 16 in New York State Court and sentenced to six years’ probation, to include no utilization of social media accounts.

Hernandez made an initial appearance before U.S. Magistrate Judge H. Kenneth Schroder, Jr. and was held pending a detention hearing on May 16, 2025.

The complaint of 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.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty.

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