Pennsylvania man busted for child porn

Lower Pottsgrove man pleads guilty to child porn charges

By Carl Hessler Jr., chessler@pottsmerc.com
09/25/2008

NORRISTOWN — A Lower Pottsgrove man has admitted to possessing child pornographic images on his home computer.

Mark A. Neiva, 33, who listed an address in the 1300 block of Walnut Ridge, pleaded guilty in Montgomery County Court to a felony charge of sexual abuse of children, possessing child pornography, in connection with a November 2007 incident.

President Judge Richard J. Hodgson deferred sentencing so that court officials can complete a background investigative report about Neiva. The judge will use that report to assist him in sentencing Neiva later this year.

Neiva faces a possible maximum sentence of 3 ½ to seven years in prison on the charge.

Neiva also must undergo an evaluation by the Pennsylvania Sexual Offender Assessment Board to determine if he meets criteria under Megan's Law to be declared a sexually violent predator. Those classified as predators face more stringent restrictions under Megan's Law, including a lifetime requirement to report their addresses to state police and mandatory counseling.

Neiva remains free on bail pending his sentencing hearing.

An investigation of Neiva began in November 2007 when a woman who shared access to Neiva's laptop computer reported to Lower Pottsgrove police that she and a friend discovered inappropriate images of female children on the computer, according to a criminal complaint.

Township detectives turned the computer over to members of Montgomery County's Internet Crimes Against Children Task Force who conducted a forensic examination of the computer. Detectives discovered numerous images of child erotica and child pornography on the computer, according to the arrest affidavit filed by Lower Pottsgrove Detective Sergeant Michael Foltz.

When detectives searched Neiva's home, they seized compact disks that contained additional images of child pornography, court documents alleged.

Under state law, by pleading guilty to the charge, Neiva admitted that he possessed or controlled computer images that depicted a child under 18 years engaging in a prohibited sexual act or in the simulation of such act.