Hart man faces prison for child porn.

Ottoniel Fonseca

Hart man faces prison for child porn.

#OceanaCountyCrime

By Allison Scarbrough, Editor.

HART — A 23-year-old Hart man faces a minimum prison term of 13 months after pleading guilty in 27th Circuit Court Monday, Jan. 13, to child sexually-abusive material.

Ottoniel Fonseca, of 215 S. State St., admitted to Judge Robert D. Springstead that he was in possession of child pornography on his cell phone, Aug. 21, 2019 in Crystal Township.

“I was working at Kristi’s (Crystal Valley) Pour House,” Fonseca said. “My co-worker is 17 years old and was sending me explicit videos. She was digitally penetrating herself.”

Child pornography, under Michigan law, is any depiction, including a photograph or video, of a person younger than 18 engaged in a sex act, such as nudity and any touching of the private parts of the body.

Fonseca was initially facing two counts of child sexually-abusive material, and one count was dismissed in a plea agreement. Sentencing guidelines are five to 23 months, said Oceana County Prosecutor Joseph Bizon. Fonseca’s minimum sentence will not exceed 13 months in prison. The maximum is four years.

Because Fonseca was on parole at the time of offense, he will receive no credit for his time served in jail.

Fonseca was sentenced in 27th Circuit Court Jan. 18, 2017 to two to 10 years in prison for a conviction of second-degree child abuse. He agreed to do extra time in exchange for the dismissal of three counts of third-degree criminal sexual conduct charges, said Bizon.

The 2017 case stemmed from an “inappropriate relationship” Fonseca had with a 14-year-old female victim, Bizon said.

Sentencing is set for March 9 at 9 a.m.

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