FRESNO - A federal grand jury returned an indictment against Rafael Omero Plata Guerrero, 34, of Bakersfield, today, charging him with two counts of sexual exploitation of a minor and one count of receipt of child pornography, U.S. Attorney Phillip A. Talbert announced.
According to court documents, between April 15, 2024, and Aug. 26, 2024, Guerrero produced visual depictions of two minors engaged in sexually explicit conduct. Using the internet and a laptop, Guerrero also received child pornography between June 1, 2024, and Aug. 27, 2024.
This case is the product of an investigation by Homeland Security Investigations, the U.S. Secret Service, and the Central California Internet Crimes Against Children Task Force. Assistant U.S. Attorney Brittany M. Gunter is prosecuting the case.
If convicted, Guerrero faces a maximum statutory penalty of up to 30 years in prison, with a mandatory minimum of 15 years in prison and up to a $250,000 fine for each count of sexual exploitation of a minor. If convicted of receipt of child pornography, Guerrero faces a maximum statutory penalty of up to 20 years in prison, with a mandatory minimum of five years in prison and up to a $250,000 fine.
Any sentence, however, would be determined at the discretion of the court after consideration of any applicable statutory factors and the Federal Sentencing Guidelines, which take into account a number of variables. The charges are only allegations; the defendant is presumed innocent until and unless proven guilty beyond a reasonable doubt.