Former Las Cruces child care provider pleads guilty to possessing child sexual abuse material

An 80-year-old former child day care provider in Las Cruces pleaded guilty in federal district court on Dec. 9 to possessing child sexual abuse material.

Juan Jose Cardiel-Hernandez Sr. was accused in 2024 of sexually abusing young children in his care at the home-based Cardiel Childcare Services. After Las Cruces police arrested and charged him, he was released on bond.

In December of last year, after a probe by Homeland Security Investigations and a federal warrant authorizing a search of Cardiel-Hernandez’s phone, the U.S. Attorney’s Office charged Cardiel-Hernandez with enticement of a minor based on allegations he had shown sexually explicit images to children in his efforts to lure them into sexual acts, exposing Cardiel-Hernandez to federal charges and the possibility of spending the rest of his life in prison if convicted. Children also reported that Cardiel-Hernandez had attempted to talk them into inappropriate physical contact. 

The day care center ceased operations following Cardiel-Hernandez’s arrest. 

A federal grand jury indicted Cardiel-Hernandez on charges of enticement and possession of child pornography. While federal statutory language refers to "child pornography," the U.S. Department of Justice uses the term "child sexual abuse material" to describe visual depictions of sexual conduct involving people under the age of 18. In a 2023 guidance document, the DOJ explains that the terminology "better reflects the abuse that is depicted in the images and videos and the resulting trauma to the child."

Under a plea agreement, Cardiel-Hernandez admitted to possessing the material on a thumb drive. The prosecution and defense jointly recommend a sentence of two to eight years in prison followed by a minimum of five years of supervised release and registration as a sex offender. 

Court records indicate that the count of enticement will be dropped by prosecutors at sentencing, with Cardiel-Hernandez’s guilty plea answering the second count of possessing the sexual abuse material. A sentencing hearing has not yet been scheduled. 

Acting U.S. Attorney Ryan Ellison announced Cardiel-Hernandez’s plea on Tuesday along with HSI Acting Special Agent In Charge Ryan G. McRae. 

Cardiel-Hernandez, who did not contest being confined ahead of a trial, remains in custody.