Decade Behind Bars for Sioux Falls Man
A 55-year-old Sioux Falls man will spend 10 years in federal prison after pleading guilty to charges connected to Possession of Child Pornography. United States District Chief Judge Roberto A. Lange handed down the sentence on October 26, 2026.
Toby Ferguson received the 10-year prison term to be followed by five years of supervised release. Court records show that the case originated when Ferguson’s attempts to download child pornography files triggered a CyberTip between January 1, 2024, and September 4, 2024. Subsequent investigations by law enforcement revealed he possessed files of minors, including minors under the age of 12 years old, being sexually abused.
Ferguson Served Prison Time for Prior Convictions
On January 21, 1993, in Lawrence County, South Dakota, Ferguson was found guilty of first-degree rape involving a victim younger than 13 years old. Furthermore, on March 3, 1993, in Fall River County, South Dakota, he received another conviction for Sexual Contact with A Child Under the Age of 16.
For those 1993 offenses, Ferguson was sentenced to 180 years in prison, with 90 years suspended, but was paroled after serving 22 years. He was on state parole when he was arrested for this federal offense.
Ferguson Pleaded Guilty in Federal Court
A federal grand jury indicted Ferguson in December 2024. He subsequently entered a guilty plea on July 9, 2026. Beyond the prison term, Judge Lange ordered Ferguson to pay a special assessment to the Federal Crime Victims Fund in the amount of $100. Upon his eventual release from federal custody, he must register as a sex offender for 25 years.
Law Enforcement Agencies Investigated the Federal Case
United States Attorney Ron Parsons announced the sentencing, which stems from a collaborative multi-agency investigation. Participating law enforcement organizations comprised 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. Assistant U.S. Attorney Elizabeth A. Ebert-Webb prosecuted the case.
Project Safe Childhood Initiative Framework
Federal officials brought the case under Project Safe Childhood, a nationwide Department of Justice initiative launched in May 2006. By uniting federal, state, and local agencies, the program seeks to track down, arrest, and try offenders who abuse children, while simultaneously finding and saving victims. Additional details on the initiative are maintained by the Department of Justice.
