Federal charges filed against man accused of sex crimes against child

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POCATELLO — Charges against a man accused of sex crimes involving a child have been dismissed by the Bannock County Prosecutor’s Office in favor of a federal indictment.
Initially charged with 11 felonies, 30-year-old Hector Gabriel Aguayo now faces federal charges of four felony crimes and asset forfeiture, court records filed on Oct. 25 show. If he is found guilty in federal court, he could face a minimum of 25 years in prison and up to 90 years.
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Aguayo is charged with one count of sexual exploitation of a minor, distribution of child pornography, receipt of child pornography and possession of child pornography. Because the transmittal of sexual images involving children crossed state lines, all charges are considered federal.
Court documents show that Aguayo, between Jan. 1, 2022, and Sept. 28, 2022, persuaded, enticed or coerced a child born in 2012 into engaging in sexual conduct. The images created with the child were transported through interstate and foreign commerce by way of the internet.
In the same timeframe, court documents allege that Aguayo received “one or more” sexually explicit images of a minor via the internet.
Benjamin Ray Thomas, 32, also of Pocatello, is listed as a co-defendant on the charge of sexual exploitation of a minor.
Each man faces a potential prison sentence of 15 to 30 years with five years to life of supervised probation after release if found guilty.
Aguayo faces prison sentences of five to 20 years apiece for the distribution and receipt of child pornography — again with potential supervised probation periods of five years to life with each. He also faces a maximum sentence of 20 years and up to $250,000 in fines for possession of child pornography.
Court documents show that both men are also facing forfeiture of any assets gained through the distribution of sexually explicit material. Any property or real estate “used or intended to be used” in the creation, promotion or distribution of sexually explicit material could also be seized.
Additionally, any asset forfeiture not met through cash seizures could be substituted by “any other property” from both men.
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Source: eastidahonews.com