RALEIGH, NC – Toby Painter, 32, of Plymouth, North Carolina, was sentenced today to 240 months in prison for incitement to a minor.
According to court documents and statements made in court, on January 22, 2018, a school guidance counselor in West Carollton, Ohio discovered from another student that a 14-year-old girl had contacted and sent photos naked to an adult man. . The guidance counselor informed the victim’s mother, who contacted the West Carollton Police Department.
On the victim’s phone, investigators found the conversation history with a person labeled “dad” which included nude photographs of the victim. After the victim provided the name “Toby”, law enforcement identified the accused Toby Painter based on Facebook contacts and photos exchanged over the phone.
During an interview, the victim said Painter sent him a friend request via SnapChat in December 2017. After that, they started communicating on an internet chat app. The victim told Painter she was 14, and he told her he was 29. After the conversation turned sexual, Painter asked her to send her nude photos, and she took and sent her about 10 nude photos of her. He responded by sending her sexually explicit photographs.
Law enforcement examined the victim’s conversation history with Painter. On her phone’s media player, they retrieved about a dozen images of herself that constituted child pornography, as well as three sexually explicit images of Painter. Local investigators then referred the case to the Federal Bureau of Investigation, which confirmed Painter’s identity based on the Facebook account and IP address records. Full chat records confirmed that Painter requested and received from the victim several images constituting child pornography.
This case is part of the Safe Childhood Project initiative, a national program to ensure that criminals who exploit children are effectively prosecuted by making full use of all available law enforcement resources at all levels. For more information on this important national initiative, visit www.projectsafechildhood.gov.
Robert J. Higdon, Jr., United States Attorney for the Eastern District of North Carolina made the announcement following the conviction of United States District Judge James C. Dever III. The Federal Bureau of Investigation and the West Carollton, Ohio Police Department investigated the case. Assistant US Attorney Jake D. Pugh continued the case.
Related court documents and information can be found on the website of the United States District Court for the Eastern District of North Carolina Or on PACER by looking for case n ° 2: 19-cr-0019-D.
The year 2020 marks the 150th anniversary of the Department of Justice. Learn more about the history of our agency on www.Justice.gov/Celebrating150Years.