Sioux Falls man gets 10-year federal prison term for child pornography

Toby Ferguson will spend the next decade in federal prison for possessing child pornography.

First, the court imposed a 10-year federal sentence on October 26, 2026. Chief Judge Roberto A. Lange presided over the hearing in Sioux Falls, South Dakota. Ferguson, who is 55 years old, also received five years of supervised release and a $100 assessment fee for the Federal Crime Victims Fund.

Second, the conviction covers incidents that occurred between January 1, 2024, and September 4, 2024. During this period, Ferguson attempted to download files that triggered a CyberTip alert. A subsequent investigation confirmed he possessed images of minors, including children under the age of 12, depicted in acts of sexual abuse. He pleaded guilty to these charges on July 9, 2026.

Third, Ferguson has a history of sex offenses in South Dakota. In 1993, he was convicted of first-degree rape involving a victim under 13 in Lawrence County. That same year, he was convicted of sexual contact with a child under 16 in Fall River County. He originally received an 180-year sentence with 90 years suspended. He was released on parole after serving 22 years and was still on state parole when arrested for the current federal offense.

The case was investigated by 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. Assistant U.S. Attorney Elizabeth A. Ebert-Webb handled the prosecution. Ferguson must register as a sex offender for 25 years upon his release from prison.

This prosecution 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. The Sioux Falls man was indicted by a federal grand jury in December 2024.