Toby Ferguson

Introduction

Toby Ferguson, 55, of Sioux Falls, South Dakota, was sentenced to 10 years in federal prison for possession of child pornography. United States District Chief Judge Roberto A. Lange imposed the sentence on October 26, 2026, in an announcement made by United States Attorney Ron Parsons, and further ordered five years of supervised release to follow the prison term and a $100 special assessment to the Federal Crime Victims Fund. Upon his release from federal prison, Ferguson must register as a sex offender for 25 years. The conviction rests on a guilty plea he entered on July 9, 2026, to a charge brought in a December 2024 federal indictment, and it grew out of his 2024 attempts to download child pornography files — attempts that themselves triggered a CyberTip and set the investigation in motion.

Background Information

Ferguson’s criminal history predates the federal case by more than three decades, and it is severe. He was previously convicted of rape in the first degree — with a victim under the age of 13 years old — in Lawrence County, South Dakota, on January 21, 1993. He had also been convicted of Sexual Contact with a Child Under the Age of 16 in Fall River County, South Dakota, on March 3, 1993. For those crimes he was sentenced to 180 years in prison, with 90 years suspended, but he was paroled after serving only 22 years. At the time he was arrested for this federal offense, Ferguson was on state parole. The release describes no further details about his life, employment, or circumstances beyond this criminal history and the conduct at issue in the federal case.

The Controversy or Incident That Led to Their Cancellation

Convicted and sentenced.

The federal case began with Ferguson’s own activity online. Between January 1, 2024, and September 4, 2024, Ferguson’s attempts to download child pornography files triggered a CyberTip. The subsequent investigation revealed that Ferguson possessed files of minors, including minors under the age of 12 years old, being sexually abused. In December 2024, a federal grand jury indicted him; he pleaded guilty to the charge on July 9, 2026.

Chief Judge Roberto A. Lange sentenced him on October 26, 2026, to 10 years in federal prison, followed by five years of supervised release, and ordered him to pay a $100 special assessment to the Federal Crime Victims Fund. Upon release from federal prison, he must register as a sex offender for 25 years. The case was investigated by Homeland Security Investigations, the South Dakota Internet Crimes Against Children Task Force (ICAC), the Sioux Falls Police Department, the Minnehaha County Sheriff’s Office, and the South Dakota Highway Patrol, and Assistant U.S. Attorney Elizabeth A. Ebert-Webb prosecuted it.

Public Reaction and Consequences

The reaction on the record is institutional. United States Attorney Ron Parsons announced the sentence, and the case was brought as part of Project Safe Childhood, the Department of Justice’s nationwide initiative, launched in May 2006, to combat child sexual exploitation and abuse by marshaling federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children and to identify and rescue victims. The release contains no victim statements, community statements, or other commentary, so no wider public reaction is described. The concrete consequences are substantial: a 10-year federal prison term, five years of supervised release, the $100 Federal Crime Victims Fund assessment, and a 25-year sex-offender registration duty that begins upon his release from federal prison.

Current Status

Ferguson has been convicted and sentenced. He pleaded guilty to possession of child pornography on July 9, 2026, and Chief Judge Roberto A. Lange sentenced him on October 26, 2026, to 10 years in federal prison followed by five years of supervised release. He was immediately remanded to the custody of the U.S. Marshals Service. The release does not describe any appeal or further proceedings, leaving the sentence as the final disposition described in the record.

Impact on Their Career/Life

The federal judgment lands on top of a criminal history that had already defined Ferguson’s adult life. Convicted of first-degree rape of a child under 13 and of sexual contact with a child under 16 in 1993, he received a 180-year sentence with 90 years suspended and was paroled after 22 years — and he was on state parole when he was arrested for this federal offense. The new conviction converts that history into a fresh 10-year federal prison term, five years of supervised release, and a requirement to register as a sex offender for 25 years upon his release. The release describes no further details about his work, family, or life circumstances beyond the offenses, the sentence, and his custody status.

Sources

• U.S. Attorney’s Office, District of South Dakota, “Sioux Falls Man Sentenced to 10 Years in Federal Prison for Possession of Child Pornography”, October 30, 2026 — source