Hart man sent to prison for child porn.

Ottoniel Fonseca and attorney Britt Cobb.

Hart man sent to prison for child porn.

#OceanaCountyCrime

By Allison Scarbrough, Editor.

HART — A 24-year-old Hart man was sentenced in 27th Circuit Court Monday, March 9, to 13 months to four years in prison for a conviction of child sexually-abusive material.

Ottoniel Fonseca, of 215 S. State St., pleaded guilty to the charge, Jan. 13.

During his testimony in January, Fonseca 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.

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

Fonseca’s attorney, Britt Cobb, filed a sentencing memorandom on her client’s behalf. Cobb noted that Fonseca’s mother and brother-in-law drove to Hart from Chicago to attend Fonseca’s sentencing. “The defendant’s support system is in Illinois, and he plans to go back there,” Cobb said. “There has been no input from the complainant or her family as far as an impact statement. I ask the court to consider a jail term.”

“I accept full responsibility for my actions and own up to it as a man,” Fonseca said.

“I think the defendant’s record calls for a prison sentence,” Bizon said. He noted that the victim’s mother has been in contact with his office. Fonseca’s crime was “very impactful” on the victim, he said.

The defense’s sentencing memo states that the victim was almost 18 years old at the time of the incident.

However, Fonseca lied to the victim about his age, Bizon said. Fonseca also made “several other requests” of the victim in a sexual nature, but she refused.

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.

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