Shelby County Man Indicted for Offenses Relating to Child Pornography, Encouraging Illegal Entry into the United States, and Making False Statements to a Federal Agency

In a federal indictment, returned on March 21, 2024 and unsealed Thursday, Natividad Aguilera Garcia, 37, of Shelbyville, Ky., was charged with one count of production of child pornography, one count of receipt of child pornography, one count of online enticement of a minor to engage in prohibited sexual activity, one count of transportation of a minor to engage in prohibited sexual activity, one count of encouraging illegal entry, one count of making a false statement to a federal agency, and one count of presenting a false document to a federal agency.

The indictment alleges that, beginning on May 1, 2021, Garcia enticed a minor (“Minor A”) to engage in prohibited sexual activity, produced and received sexually explicit visual depictions of Minor A, and transported Minor A in interstate or foreign commerce for the purpose of prohibited sexual activity. The indictment further alleges that Garcia induced three aliens, including Minor A, to illegally enter the United States. Following Minor A’s illegal entry, the indictment alleges that Garcia made false statements and used false documents in an application to the Office of Refugee Resettlement (“ORR”), the subdivision of Health and Human Services that oversees the care of unaccompanied migrant children, claiming that he was Minor A’s uncle, knowing that he was not.

Carlton S. Shier, IV, United States Attorney for the Eastern District of Kentucky; Rana Saoud, Special Agent in Charge, Homeland Security Investigations, Nashville Field Office; Jason E. Meadows, Special Agent in Charge, U.S. Department of Health and Human Services, Office of Inspector General, Dallas Regional Office; Col. Phillip J. Burnett, Jr., Commissioner of the Kentucky State Police; and Chief Bruce Gentry, Shelbyville Police Department, jointly announced the indictment.

The investigation preceding the indictment was conducted by HSI, HHS-OIG, Kentucky State Police, and Shelbyville Police Department. The indictment was presented to the grand jury by Assistant U.S. Attorney Mary Melton.

Garcia appeared in federal court for his arraignment on Monday. For the production charge, he faces a minimum of 15 years in prison and a maximum of 30 years. However, any sentence following a conviction would be imposed by the Court, after consideration of the U.S. Sentencing Guidelines and the federal sentencing statutes.

Any indictment is an accusation only. A defendant is presumed innocent and is entitled to a fair trial at which government must prove guilt beyond a reasonable doubt.