Virginia Beach man sentenced to 40 years in prison for attempting to coerce children to send child sexual abuse material

NORFOLK, Va. – A Virginia Beach man was sentenced to 40 years in prison for attempted production of Child Sexual Abuse Material (CSAM) and distribution of CSAM.

According to court documents, on March 10, 2024, Andrew Joseph Fernandez, 33, a married Machinist’s Mate in the U.S. Navy, contacted a victim, identified as Minor Victim 1 (MV1), by private message on TikTok and later continued to engage with her by text messages. The victim told Fernandez that she was 10 years old and Fernandez told her that he was under 13 years old, that his name was Levi, and that he previously attended her school before he moved to another state.

Fernandez’s text messages quickly turned sexual, sending a sexually graphic message within one minute of his first text and a video exposing himself two minutes later. Fernandez continued to engage the child in sexual conversations and sending graphic images, even after the victim declined his offers to send more. He also made the victim promise to keep their conversations a secret.

On March 14, 2024, a school bus driver overheard MV1 describing sexually explicit subjects and alerted the school principal, who contacted MV1’s parent. Law enforcement began an investigation and learned that MV1 was actually nine years old. An FBI agent assumed the victim’s identity and continued to engage with Fernandez, who continued to send sexually explicit images, which he directed the victim to delete. Fernandez attempted to persuade MV1 to produce CSAM depicting herself by telling her that the images would lead to a lucrative modeling audition.

On Oct. 3, 2023, Fernandez engaged Minor Victim 2 (MV2), a 14-year-old girl, in text and WhatsApp messages, introducing himself as 13-year-old “Levi.” Less than four minutes after his first text message to MV2, Fernandez sent her a video of himself engaged in a sexual act. MV2 reacted negatively, and no messages were exchanged for about two months. When their messages resumed, Fernandez offered to send more sexual images of himself, which the victim declined. On Dec. 3, 2023, Fernandez asked MV2 to produce CSAM, and she declined. When MV2 expressed concern after Fernandez threatened to end their relationship, Fernandez took the opportunity to again send sexually graphic images of himself and pressured her to provide CSAM.

On July 13, 2023, Fernandez began engaging in text messages with Minor Victim 3 (MV3), a friend of MV1 who was eight years old, but told Fernandez that she was 10. Fernandez told MV3 that his name was Levi and that he attended her school. Less than one minute after his first message, Fernandez asked MV3 whether she was dating anyone and if she wanted “to go out.” Then, after asking MV3 if she could keep a secret, Fernandez began sending sexually graphic messages.

On Aug. 19, 2023, after asking her age again, Fernandez sent to MV3 a video depicting himself in a sexual act, then became angry that she did not want to see images of that type of content. He nonetheless sent similar images and videos and requested that MV3 send him CSAM.

Messages found on Fernandez cellphone show that he engaged in similar conduct with several other victims, including sending sexually explicit images of himself, sending CSAM, and requesting CSAM from the victims, some of whom acquiesced to his requests.

Erik S. Siebert, U.S. Attorney for the Eastern District of Virginia, and Michael Feinberg, Acting Special Agent in Charge of the FBI’s Norfolk Field Office, made the announcement after sentencing by U.S. District Judge Arenda Wright Allen. The FBI New York Field Office and Dutchess County (New York) Sheriff’s Office in conjunction with the Dutchess Child Advocacy Center provided valuable assistance in this case.

Assistant U.S. Attorney Anthony C. Marek prosecuted the case.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by U.S. Attorney’s Offices and the Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state, and local resources to better locate, apprehend, and prosecute individuals who exploit children via the internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.

A copy of this press release is located on the website of the U.S. Attorney’s Office for the Eastern District of Virginia. Related court documents and information are located on the website of the District Court for the Eastern District of Virginia or on PACER by searching for Case No. 2:24-cr-55.