Toby Ferguson Sentenced to 10 Years in Federal Prison for Child Pornography

Toby Ferguson, a 55-year-old resident of Sioux Falls, South Dakota, received a federal prison sentence of 10 years on October 26, 2026. United States District Chief Judge Roberto A. Lange handed down the verdict after Ferguson pleaded guilty to possession of child pornography.

The sentence includes five years of supervised release upon his completion of the prison term. Ferguson must also pay a special assessment of $100 to the Federal Crime Victims Fund. He was indicted by a federal grand jury in December 2024 and entered his plea on July 9, 2026.

The criminal conduct occurred between January 1, 2024, and September 4, 2024. During this period, Ferguson attempted to download files containing child pornography, an action that triggered a CyberTip. The subsequent investigation confirmed he possessed images of minors being sexually abused, including victims under the age of 12.

Ferguson’s legal history includes prior state convictions for sexual offenses. On January 21, 1993, he was convicted of first-degree rape of a victim under 13 in Lawrence County, South Dakota. Three months later, on March 3, 1993, he was convicted of sexual contact with a child under 16 in Fall River County. At that time, he received a sentence of 180 years in prison with 90 years suspended. He served 22 years before being paroled and was still on state parole when arrested for the current federal offense.

A joint team from Homeland Security Investigations, the South Dakota Internet Crimes Against Children Task Force, the Sioux Falls Police Department, the Minnehaha County Sheriff’s Office, and the South Dakota Highway Patrol investigated the case. Assistant U.S. Attorney Elizabeth A. Ebert-Webb handled the prosecution.

The case is part of Project Safe Childhood, a Department of Justice initiative launched in May 2006. The program coordinates federal, state, and local resources to identify and prosecute individuals who exploit children. It aims to locate offenders and rescue victims of child sexual exploitation.

After his release from federal custody, Ferguson is required to register as a sex offender for 25 years. The sentencing concluded the federal proceedings for the charges related to his possession of digital files of minors.