Attorney Advocating for Clients Throughout Riverside and Nearby Areas
If you face criminal charges for possession or distribution of illicit images of children or for child molestation working with an experienced, aggressive lawyer is important. Understanding your legal options and asserting appropriate defenses can greatly impact the outcome of your case. Riverside child pornography and child molestation defense attorney Gregory H. Comings defends the accused, providing an approach tailored to the circumstances of their case. Unlike other sex crimes, such as rape, criminal charges for distribution of child pornography rely upon evidence, and a clear evidentiary trail. At Law Office of Gregory H. Comings, APC, we investigate all appropriate legal defenses that may assist our clients, including illegal law enforcement tactics and techniques.
California Criminal Charges for Distribution of Child Pornography
California makes it a crime to possess, produce, sell, or distribute child pornography. Distribution of child pornography is a criminal charge appropriate when someone transports, duplicates, and sends out pornography to others. In California, “child pornography” is defined as images, data, computer files, and other depictions that show a person under the age of 18 engaged in a sexual act. The sexual act can be simulated and need not be real.
California Penal Code Section 311 sets out California’s laws surrounding child pornography. Distributing or possessing obscene matter showing sexual conduct by a minor is detailed in PC 311.1(a) and 311.2(b)). It is a crime to knowingly send, produce, duplicate, transport, or produce child pornography with the intent to distribute it.
An individual cannot be prosecuted for child pornography if they did not know they were in possession or downloading material involving a minor. However, this element, the mental state, can be shown without an admission from the defendant. An example would be a search engine history showing “child sex” or “underage girls.” The defendant must know that the material showed a person under 18 participating in sexual conduct.
What Are the Potential Penalties for Child Pornography?
Penalties for child pornography crimes depend upon the specific facts, as the prosecution can charge many of these sex crimes as a misdemeanor or felony. As a misdemeanor, criminal penalties for distribution of child pornography can range from one year in county jail and a two thousand dollar fine. A felony conviction carries up to eight years in prison and a fine of up to one hundred thousand dollars. In many cases, child pornography convictions require the individual to register as a sex offender.
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Heidi Solorio


Greg is one of the best every penny is worth it with him he is more than knowledgeable about charges and what he does. Mr. Comings does not take for an answer and will fight for your case and best outcome. He provides clear communication with you and what’s going on to reassure you for the best outcome and will provide that. My husbands bail was reduced because of Mr.Comings due to law enforcement placing false charges on his arrest .Furthermore hiring Mr.Comings was one of the best things I could have done for my family. Thank you so much! I highly recommend him!

Ceci Cortez


Greg represented me back in 2016-2019, and since day 1 he was fully committed to helping me. I TRULLY appreciate him. I’m finally now free and am very thankful for him every day.

Haroon Azizy


I am really grateful that I hired Greg as my lawyer for an unfortunate situation that unexpectedly occurred in my life, I needed help and Greg did an amazing job on my case! He was super helpful and always there to answer my questions. He really knew what he was doing, and thanks to him, i won! My case was dismissed! I highly recommend Greg Comings to anyone who needs a lawyer. Thank you Greg, I couldn’t have asked for a better lawyer.
Sex Offense
CASE OPENED:2014
CASE CLOSED:2017
Riverside Superior Court, Client charged with a violation of Penal Code section 261(a)(2) Rape by force/fear of bodily injury as well as Penal Code 264.1 Rape in concert with another person. Facing multiple years in prison as well as registration as a sex offender if convicted. After setting the case ready for trial worked out a deal for PC 245(a)(1), a grant of probation, no registration, credit for time served and client went home that night.
Federal Criminal Charges for Distributing Child Pornography
In addition to facing criminal charges under California law, an individual may be charged with violating federal law for distributing child pornography. Under 18 U.S.C. Sections 2252 and 2252A, pornographic material that crosses state lines exposes the individual to federal prosecution. Distribution of child pornography through email or a website will be considered to have crossed state lines.
Asserting a Defense Against Child Pornography Criminal Charges
The prosecution has the burden of showing that the defendant violated child pornography law beyond a reasonable doubt. There are several defenses that a child porn lawyer can employ.
Lack of Intent to Distribute
Simply possessing questionable content, although still serious, is not the same as intending to distribute it. When a lawyer introduces doubt concerning the defendant’s intent to distribute pornography, for example, the defendant may avoid a conviction. A distribution of child pornography lawyer may also introduce a legal defense based on entrapment or illegal search and seizure tactics.
Entrapment
Luring a suspect into committing a crime is entrapment. If law enforcement influences or induces an individual to commit a crime they show no predisposition to commit otherwise, that is considered illegal entrapment. Overbearing conduct on the part of law enforcement can look like harassment or flattery. If the accused can show they only committed the crime because of entrapment, they may have an acceptable legal defense.
Illegal Search and Seizure
Child pornography criminal cases are different from than other sex crimes because there is usually a clear evidentiary trail. The child pornography is seized and preserved by law enforcement. However, if law enforcement illegally performed a search or seizure to collect this evidence, they cannot rely upon this evidence. In most scenarios, law enforcement is required to use a search warrant or receive consent or emergency justification for working without a warrant or consent.
Lack of Knowledge
For a conviction, the prosecution must prove the defendant knew the nature of the content and the ages of those depicted. A defense might include showing the defendant was unaware of the content’s illegal nature or the age of the individuals depicted. Without this awareness, the intent necessary for a distribution charge could be absent.
California Criminal Charges for Child Molestation
Child molestation offenses in California cover a range of illegal behaviors intended to exploit or harm minors under the age of 18. While the specifics of these charges vary, child molestation generally includes any act where an adult engages in inappropriate or sexual conduct with a minor.
California Penal Code § 288: Lewd or Lascivious Acts with a Minor
The California Penal Code § 288(a) defines child molestation as committing “lewd or lascivious acts with a minor.” Under the law, anyone who willfully commits a lewd or lascivious act on or with a child under 14, with the intent to arouse or satisfy their own or the child’s sexual desires, is guilty of a felony.
The Penal Code § 288(c) prohibits this conduct with a minor who is 14 or 15 years old and the person is at least ten years older.
California Penal Code § 647.6: Annoying or Molesting a Minor
Another critical statute, California Penal Code § 647.6, specifically addresses acts of “annoying or molesting” a minor under the age of 18. Actions that may be prosecuted under § 647.6 include:
- Approaching a minor with suggestive or unsettling language,
- Attempting to engage a child in conversation about inappropriate topics, and
- Following a minor in a way that creates discomfort or fear.
Note that under the statute, the conduct does not necessarily require physical contact or lewd acts. Instead, it covers any conduct that can reasonably be seen as disturbing or irritating to a minor.
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contact us nowWhat Are the Potential Penalties for Child Molestation?
The penalties for child molestation in California depend on factors such as the minor’s age, the nature of the offense, and whether there is a history of similar behavior.
Penalties Under California Penal Code § 288(a): Lewd Acts with a Minor Under 14
Penal Code § 288(a) addresses lewd acts committed with minors under 14 years old. A conviction under this code is a felony and carries a prison sentence of up to eight years per offense. If the act involves violence, coercion, or physical harm to the minor, the penalties can increase to ten years in state prison.
Penalties Under California Penal Code § 288(c): Lewd Acts with Minors 14 or 15 Years Old
Under Penal Code § 288(c)(1), lewd acts with minors aged 14 or 15—where the accused is at least 10 years older than the minor—may also lead to felony charges. Convictions can range from one year in county jail to up to three years in a state prison.
Penalties Under California Penal Code § 647.6: Annoying or Molesting a Minor
Violations of Penal Code § 647.6 can lead to misdemeanor or felony charges. For misdemeanor convictions, individuals may face up to one year in county jail, a fine of up to $5,000, or both.
Felony convictions can lead to longer prison sentences. Additionally, offenders are typically required to register as sex offenders, which carries long-term social and legal consequences, including limits on employment and housing and mandatory inclusion on California’s public sex offender registry.
What to Expect from the Riverside Criminal Justice Process
Handling a child molestation or child pornography distribution case in Riverside requires navigating a complex legal landscape with distinct procedural steps. Once charges are filed, the following stages typically occur.
- Arraignment. At this initial hearing, the defendant hears the formal charges and enters an initial plea. Your attorney will help you make the right plea choice to build a strategic defense.
- Pretrial process. During this stage, the State discloses its evidence, and the defense may file motions to challenge the admissibility of evidence, especially if illegal search or entrapment tactics are suspected. A pretrial conference usually takes place where you can enter into a negotiated plea agreement, or your case can proceed to trial.
- Trial. If the case proceeds to trial, the prosecution bears the burden of proving each element of the charge beyond a reasonable doubt. Strong legal representation can raise doubts, which may lead to reduced or dismissed charges.
An experienced child molestation and child porn lawyer can guide you through each phase, from arraignment to trial, protecting your rights, and crafting a solid defense.
Why You Need a Local Distribution of Child Pornography Lawyer
Partnering with a lawyer familiar with Riverside’s court system can significantly impact the outcome of a child molestation or child pornography distribution case. Riverside County has its own procedural nuances, and your lawyer’s knowledge of local court practices, prosecutors, and judges can strengthen your defense by identifying strategies that are more likely to succeed. For those facing serious charges, having a defense that is both technically skilled and strategically aligned with the local legal landscape is essential.
Receive Effective Legal Advocacy From a Lawyer in Riverside
In complex and high-stakes cases like these, having a skilled attorney can make all the difference. Prosecutors and judges take sex crimes seriously. A criminal conviction for child pornography or child molestation may carry devastating legal consequences. Attorney Gregory H. Comings can serve as your ally against these charges, as well as domestic violence.
He is dedicated to providing empathetic, determined advocacy for clients accused of child pornography or molestation charges. His approach includes in-depth investigation, identification of weaknesses in the prosecution’s case, and robust defense strategies that protect your rights.
Our office is in Riverside and we help people throughout Indio, Fontana, Palm Desert, Victorville, Rancho Cucamonga, as well as San Bernardino and Riverside Counties. To schedule a consultation, call our office or reach us online.
Frequently Asked Questions
Are There Alternatives to Prison for Child Molestation or Child Pornography Distribution Convictions in Riverside?
In some cases, Riverside courts may consider probation, community service, or counseling programs, particularly if the defendant has no prior criminal record. An attorney can explore and negotiate these options based on individual case details.
What Is the Likelihood of Avoiding Conviction in Riverside If Charged with Child Pornography Distribution?
Every case is unique and comes with its own set of facts. An experienced Riverside attorney can analyze the evidence to identify viable defenses such as entrapment or lack of intent. A skilled lawyer can find issues with the prosecution’s case that could lead to reduced charges or even case dismissal. While we can’t give you any definitive answers regarding “likelihood,” we can confidently state that your chances of getting the most favorable outcome are significantly increased if you have seasoned and committed legal representation.
How Long Does a Child Molestation or Child Pornography Distribution Case Typically Take to Resolve in Riverside?
The timeline for resolving such cases can vary significantly depending on the case’s complexity, the amount of evidence, and whether the case goes to trial. Generally, cases can take several months to over a year to resolve. Your attorney can provide a more specific estimate based on the particulars of your case and court scheduling.
Is It Possible to Negotiate a Plea Deal in Child Molestation or Child Pornography Cases?
Yes. In some cases, the defense may be able to negotiate a plea deal with the prosecution. A plea deal could reduce charges, minimize penalties, or help avoid a trial. However, the possibility of a plea agreement depends on various factors, including the evidence against you, prior criminal history, and the willingness of the prosecution to negotiate. An experienced lawyer can evaluate your options and guide you through potential plea negotiations.
Can Character Witnesses or Expert Testimony Impact the Outcome of a Child Pornography Distribution Case?
Character witnesses and expert testimony can be important in building a defense. Character witnesses may testify to the defendant’s reputation for honesty, while expert witnesses can provide insights on digital and other forms of evidence, challenging the prosecution’s interpretation of data. Such testimony can influence jury perception, potentially leading to a more favorable outcome.
Are Digital Devices Automatically Seized in Riverside Child Pornography Cases?
It’s common for law enforcement to seize digital devices like computers and smartphones as evidence in these cases. However, the legality of this seizure can be contested. If law enforcement seized a device without a warrant or proper consent, an attorney might be able to challenge the admissibility of that evidence, which could weaken the prosecution’s case.
Resources:
- California Penal Code § 647(a), link
- California Penal Code § 288(a), (b), & (c), link
- Certain Activities Relating To Material Involving The Sexual Exploitation Of Minors — 18 USC 2252 And 2252A. US DOJ, link
- Criminal Trial Overview. California Courts, link
LEGALLY REVIEWED BY

Gregory H. Comings
Attorney at Law
When I first decided I wanted a legal career, I knew that it would be in defending people accused of crimes. Growing up I witnessed so many injustices. People that were wrongly accused and people that although they had broken the law, the punishment they were facing seemed so severe in accordance to the crime. Defending the accused was where my talent would be. I knew this in my heart and soul.
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Gregory H. Comings
Attorney at Law

Mr. Comings represented my son. My son was facing 25 to life. Mr. Comings worked very hard on his case. He had a great rapport with the DA. He was able to get my sons case lowered to a few years. I was amazed at the dedication and professionalism he showed. I will never be able to thank him for all that he did!!! Great attorney!
JOHN SMITH
OCTOBER 29, 2024
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