By Nicholas Gardner
FRESNO – A young Fresno man here was sentenced to county jail with a longer state prison stint suspended for possessing child pornography, although authorities learned that he had a history of lewd acts involving two cousins aged four and eight.
Hector Dominguez, 24, was found guilty on one count of felony possession of child pornography and received 180 days in Fresno County Jail—as well as three years in state prison if he doesn’t successfully complete four years’ probation.
Dominguez’s sexual encounters with his two minor cousins played a significant role in the severity of his sentence, but were not presented formally by the prosecution as individual charges.
“This case is not a simple case of passive possession of child pornography,” Deputy District Attorney Kaitlin Drake argued, urging that the court place Dominguez in state prison for 16 months.
In addition to the numerous images Dominguez possessed depicting child pornography, it was also determined in the course of the investigation that, in 2016, Dominguez took a photo of himself pulling down the underwear of his eight-year old female cousin. He then shared the photo in a chat room full of men “actively participating in conversation about the molestation of children.”
Dominguez was very active in these chat rooms, and the prosecution referenced heinous messages gruesomely detailing fantasies involving children under the age of six. Dominguez also admitted to engaging 
in lewd acts with a four-year old cousin when he was 15.
The defense argued against incarceration for Dominguez, whom they believed to suffer from a lack of maturity and cognitive ability.
The defense detailed some of Dominguez’s social and cognitive shortcomings, such as his tendency to appear in court wearing Disney’s “The Lion King” apparel, not possessing a driver’s license despite being 24 years old, and the fact that he has “never kissed anyone in his life” or had a girlfriend.
Upon graduating high school, Dominguez had the education level of a fifth grader, said the defense.
One time, after a brief stint in the Fresno County Jail, Dominguez was unable to find his way home, and chose to wander the streets rather than phone his mother. According to the defense, his mental capability is so low that he did not even consider this obvious solution.
The prosecution recognized Dominguez’s lack of mental ability, but was greatly concerned about the messages Dominguez—who had made no attempt to conceal his identity—made in online chatrooms.
The DA argued that since Dominguez had admitted to engaging in sexual acts with young children, these comments potentially extended beyond just fantasy. For these reasons, the prosecution found it appropriate that Dominguez serve 16 months in state prison
Judge Michael Idiart rejected the prosecution’s offer and instead decided on a 180-day term in Fresno County Jail, with three years suspended after completion of four years’ probation.
“Jail is a detriment to him but there has to be some incarceration in this case,” said Judge Idiart.
Dominguez must also register as a sex offender, which bars him from visiting any area where children congregate, such as amusement parks and arcades. He is also not permitted to live within 2,000 feet of a school.
Under his terms of probation, Dominguez must cede his person and property to searches with or without a warrant by probation. He is also prohibited from possessing firearms or ammunition and must complete a sex offender treatment program.
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