United States Attorney James T. Jacks
Northern District of Texas

WEDNESDAY, JUNE 9, 2010
http://www.usdoj.gov/usao/txn/

FEDERAL INDICTMENT CHARGES AUSTIN, TEXAS, MAN
WITH CHILD ENTICEMENT AND CHILD PORNOGRAPHY OFFENSES

Faces Up to Life in Prison if Convicted

DALLAS — A federal grand jury has returned a three-count indictment charging Austin, Texas, resident, Jeffrey Blaze Toth, with child enticement and child pornography offenses, announced U.S. Attorney James T. Jacks, of the Northern District of Texas. Toth, 55, who was arrested in Austin, Texas, in mid-May 2010 on related charges, remains in custody.

Specifically, the indictment charges one count of enticement of a minor, one count of shipping and transporting child pornography and one count of possession of child pornography. The indictment alleges that from mid-February 2010 through April 22, 2010, Toth, using the Internet and a cell phone, attempted to persuade, induce and entice an individual, whom he believed to be a 14-year-old girl, to engage in sexual activity. The indictment further alleges that on March 1, 2010, Toth used Yahoo! Instant Messaging to send an image of a minor engaged in sexually explicit conduct. The third count of the indictment alleges that on April 22, 2010, Toth possessed several images of prepubescent children engaged in sexually explicit conduct with an adult male.

An indictment is an accusation by a federal grand jury and a defendant is entitled to the presumption of innocence unless proven guilty. If convicted, however, the enticement of a minor count carries a maximum statutory sentence of not less than 10 years and up to life in prison and a $250,000 fine. The shipping and transporting of child pornography count carries a maximum statutory sentence of not less than five or more than 20 years in prison and a $250,000 fine. The possession of child pornography count carries a maximum statutory sentence of 10 years in prison and a $250,000 fine. In addition, if convicted, Toth could be ordered to serve a lifetime of supervised release.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in May 2006 by the Department of Justice, to combat the growing epidemic of child sexual exploitation and abuse. Led by United States Attorneys’ Offices and the Criminal Division's Child Exploitation and Obscenity Section (CEOS), Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.projectsafechildhood.gov

The case is being investigated by United States Secret Service and the Garland Police Department. Assistant U.S. Attorney Lisa J. Miller is in charge of the prosecution.

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