Ex-Galleria Employee Charged With Sexual Exploitation of Children

A former employee of the Galleria shopping center in Houston has been arrested and charged with the federal crime of sexual exploitation of children.

According to KPRC click2houston.com, the man reportedly recorded videos of himself sexually assaulting at least 2 toddlers.

KPRC said it had obtained the federal criminal complaint, which indicated that Arthur Hector Fernandez III, 29, a former kiosk employee at the Galleria, may have recorded one of the videos in a public bathroom at the mall. While it’s not clear when the assaults occurred, one is believed to have happened in May of 2023.

The accused man has been ordered to remain in custody pending trial.

Both of the alleged victims were 2 years old. It is believed that their mothers, who also worked at the Galleria, brought them along to the shopping center when they couldn’t find a babysitter or could not afford childcare during their work shifts. Then, Fernandez allegedly offered to walk the children around the mall while the women worked.

According to KTRK abc13.com, the station was told that Fernandez would bring such a child into a public bathroom to assault them and take videos. In the videos, other people could be heard making comments or also assaulting the child.

Though Fernandez is the only subject identified and arrested at this time, according to the complaint against him, as many as 6 other persons were seen participating in the sex acts or at least were in the background of 4 videos that were found online.

The investigation is continuing, and more arrests could be forthcoming.

Videos were discovered on the dark web

The videos were located as evidence in December 2023 by the Australian Centre to Counter Child Exploitation. It alerted the FBI after 4 videos were uploaded to “a private, by invitation only, forum on the dark web,” according to the complaint against Fernandez.

Using sophisticated Internet detection technology, the FBI was then able to identify and locate a toddler who was visually similar to one of the victims who was seen in one of the videos. The FBI then interviewed one of the toddler’s relatives, who identified the toddler after reviewing a sanitized image from the video.

“Once they’re out there on the Internet, it never goes away,” FBI Houston Supervisory Special Agent Torrence White told KPRC 2 in an interview.

White leads FBI Houston’s human trafficking and violent crimes against children squad, which at this time has over 100 active cases.

Can federal punishments range up to life in prison?

A federal charge of sexual exploitation of children can, in fact, bring punishment upon conviction of a prison sentence of at least 15 years and no more than 30 years—or, in some cases, life in prison.

One prior conviction under the law can elevate the prison sentence to at least 25 years and up to 50 years. Two or more prior convictions can bring a minimum prison sentence of 35 years and can range up to life in prison. Fines also are part of these punishments.

The law, known as 18 USC 2251: Sexual exploitation of children, applies to anyone who “employs, uses, persuades, induces, entices, or coerces any minor to engage in, or who has a minor assist any other person to engage in, or who transports any minor in interstate or foreign commerce, or in any Territory or Possession of the United States, with the intent that such minor engage in, any sexually explicit conduct for the purpose of producing any visual depiction of such conduct.”

Does Texas have laws on sexual exploitation of children?

In addition to federal laws, there also are Texas laws on sexual assault and exploitation of children.

Aggravated sex assault of a child is an offense that can apply when there was any sexual activity (consensual or not) between an adult and someone who was under the legal age of consent (which is 17 in Texas), and the offense is elevated to “aggravated” if the victim was younger than 14 years old at the time of the act.

Such an aggravated sexual assault of a child is a first-degree felony, with possible punishments including up to 99 years in prison, a fine of up to $10,000, or both.

If the victim was under the age of 6, the offense is considered “super aggravated” sexual assault of a child. Upon conviction, the offender receives as punishment a minimum of 25 years in prison and can even be sentenced to life in prison with no chance of parole. A fine of up to $10,000 also applies.

Any person who is convicted of aggravated sexual assault of a child in Texas and serves prison time is required, upon release, to register as a sex offender, perhaps for the remainder of their life.

Further, such offenses can be prosecuted at any time, no matter how many years have passed. 

In Texas, offenses such as sexual assault, aggravated sexual assault or indecency with a child are not limited by a statute of limitations. Regardless of how long ago such an alleged crime occurred, a person can be charged and arrested for it.

Get an experienced Houston sex crime defense lawyer

Not everyone who is accused of a sex crime and then charged and arrested is guilty. For instance, the accusation may be a case of mistaken identity, or it can be a false claim made in order to gain leverage in a custody battle or divorce.

At any rate, such a charge is extremely serious, especially when it involves accusations of sexual assault of a child. Anyone facing such a claim, accusation or charge must engage an experienced sex crime defense lawyer to fight for their legal rights.

Houston’s Neal Davis Law Firm has years of experience protecting the legal rights of persons who have been charged with sex crimes or other criminal offenses.

If you or a loved one in the Houston area—including Sugar Land, Katy, The Woodlands, Conroe or elsewhere in Harris, Fort Bend or Montgomery counties—faces such a charge, notify our law firm today to arrange a confidential consultation for your case.

You need a Houston sex crime defense attorney with the knowledge, skill and experience to stand up for your legal rights. Contact us today to begin exploring possible defenses in your case.