BILLINGS — A Billings man admitted March 16 to coercing a minor girl in New York to make and send him sexually explicit images of herself, according to the U.S. Attorney’s Office.
Jeffrey Eugene Herbert, 34, plead guilty to production of child pornography and possession of child pornography. Both charges carry a mandatory minimum of 15 to 30 years in prison, a $250,000 fine, five years to a lifetime of supervised release and special assessments.
In court documents, the prosecution alleged that in June 2022, a 13-year-old girl (Jane Doe) and her parents, located in New York, reported to law enforcement that Jane Doe had been coerced to produce child pornography. Forensic review of the girl’s phone revealed she was being sexually exploited by a user on a social media app, Triller, with an account name of “amberbaby 14141.” There were around 870 communications between the two accounts in June 2022. Investigators determined that “amberbaby 14141” was connected to Herbert’s residence. A search warrant was executed on Herbert’s residence in October 2022.
In an interview with law enforcement, Herbert admitted to using the “amberbaby 14141” account to coerce underage girls to produce sexually explicit content. Herbert also told law enforcement where child pornography would be located on his cell phone, and investigators found a hidden folder that contained a video depicting a naked girl, approximately 10 years old, engaging in sexually explicit conduct.
Herbert was previously released from pretrial custody on Dec. 5, 2022 according to court documents. The Court found at the time that Herbert had overcome the standard presumption of being a flight risk or an imminent danger.
A detention hearing was held Tuesday, March 21 in which the prosecutor maintained his previous motion to detain Herbert pending sentencing.
Herbert’s defense attorney argued Herbert “has demonstrated he is not a danger to the local community, he has not violated any of the conditions of release, and that he is not a flight risk.”
The prosecution rebutted saying the Plea Agreement states there must be “exceptional circumstances,” and such circumstances must be “clear and convincing.” Further, he rejected the idea that complying with the rules of release and having a job are “exceptional” circumstances; rather those are “expected” of a defendant in a criminal case.
Presiding Judge Timothy Cavan asked Herbert what exceptional circumstances warranted his continued release pending further proceedings. Herbert’s attorney noted the defendant “has a wife… a minor child… and he runs his own business.” He further claimed Herbert “needs to get his affairs in order and take care of his family.”
Judge Cavan said while he appreciated Herbert’s compliance with the rules of pretrial release and his comments regarding his family, he agreed with the Government. “Those are not exceptional circumstances.”
Herbert was remanded to the custody of the United States Marshals Service.
