Grand Rapids, Michigan - July 6, 2007 - United States Attorney Charles R. Gross announces that on July 5, 2007, Toby Studabaker was arraigned before the Honorable Ellen S. Carmody, United States Magistrate Judge on charges related to his sexual exploitation of a child from England.

Count One charges Studabaker with transporting a child across international borders for the purpose of sexually exploiting that child, in violation of Title 18, United States Code Section 2423(a). The charge carries a mandatory minimum sentence of 5 years of imprisonment and a maximum of 30 years of imprisonment, lifetime supervised release, and a $250,000 fine.

Count Two charges Studabaker with traveling across international borders with the intent to sexually exploit a child, in violation of Title 18, United States Code Section 2423(b). The charge carries a maximum of 30 years of imprisonment, lifetime supervised, and a $250,000 fine.

Count Three charges Studabaker with sexually exploiting a child in a foreign country, in violation of Title 18, United States Code Section 2423(c). The charge carries a maximum of 30 years of imprisonment, lifetime, and a $250,000 fine.

Count Four charges Studabaker with using the Internet to entice a child to engage in criminal sexual activity, in violation of Title 18, United States Code Section 2422(a). The charge carries a maximum of 20 years of imprisonment, lifetime supervised release, and a $250,000 fine.

As alleged in the indictment, Toby T. Studabaker, a citizen of the United States, established an internet relationship with a 12 year-old girl from the Manchester, England, metropolitan area. They communicated regularly through the Internet by e-mail, instant messaging, and text messaging through cellular telephones. At times, Mr. Studabaker had sexually explicit communications with the child.

According to the indictment, on July 7, 2003, Studabaker went to a travel agency in Three Rivers, Michigan, and made travel arrangements for himself and the child. He purchased airline tickets for himself to England. He purchased airline tickets for himself and the girl to travel to France. On July 11, 2003, Studabaker began his trip from Michigan to Europe. He arrived in England, on July 12, 2003, and met the 12 year-old girl. They then traveled together to Paris, France and Germany. Once in France, Mr. Studabaker sexually assaulted the 12 yearold girl.

On July 16, 2003, Mr. Studabaker was arrested by German authorities after the girl was returned to her parents in England. Studabaker was extradited to England and charged by the authorities in England for inducing an act of gross indecency and abducting a child. On February 12, 2004, Mr. Studabaker pled guilty to both charges and was sentenced. On June 2, 2007, Mr. Studabaker was deported from England and returned to the United States.

In a separate but related matter, Studabaker was also advised that there are pending charges from the Eastern District of North Carolina. Those charges allege that Studabaker received and possessed images of child pornography and that the images were also obscene.

Count One charges Mr. Studabaker with receipt and attempted receipt of images of child pornography in violation of Title 18, United States Code, Section 2252A(a)(2). The charge carries a mandatory minimum of 5 years and a maximum of 20 years of imprisonment, lifetime supervised release, and a $250,000 fine.

Count Two charges Studabaker with possession and attempted possession of images of child pornography in violation of Title 18, United States Code, Section 2252A(a)(5)(B). The charge carries a maximum of 10 years of imprisonment, lifetime supervised release, and a $250,000 fine.

Count Three charges Studabaker with receipt of obscene material, in violation of Title 18, United States Code, Section 1462. The charge carries a maximum of 5 years of imprisonment, 3 years of supervised release, and a $250,000 fine.

The indictment also provides for the forfeiture of all personal and real property associated with the offense.

The investigation of this matter was conducted by the FBI and Naval Criminal Investigation Service with the cooperation of the Greater Manchester Police. Prosecution of the case in the Western District of Michigan is assigned to Assistant United States Attorney Danie Mekaru. The case in the Eastern District of North Carolina is assigned to Special Assistant United States Attorney, Major Mark Griffith.

This case is part of Project Safe Childhood, a nationwide initiative designed to protect children from online exploitation and abuse. The United States Attorney's Office, county prosecutor's offices, Internet Crimes Against Children task force (ICAC), federal, state, and local law enforcement are working closely together to locate, apprehend, and prosecute individuals who exploit children. The partners in Project Safe Childhood work to educate local communities about the dangers of online child exploitation, and to teach children how to protect themselves. For more information about Project Safe Childhood, please visit the following web site: www.projectsafechildhood.gov.

The charges in an indictment are merely accusations, and the defendant is presumed
innocent until and unless proven guilty in a court of law.

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