Cheyenne man sentenced for producing and possessing child pornography

Cody Foster, age 29, of Cheyenne, Wyoming, was sentenced today to 60 years in prison, with a lifetime of supervised release to follow if he were ever to be released from his term of imprisonment, for producing and possessing child pornography. Foster was indicted in Sept. 2023 and pled guilty on Oct. 30, 2023, to six counts of producing child pornography and one count of possessing child pornography.

Restitution is mandatory and may include expenses related to the victim’s care and treatment. The amount will be determined at a hearing on Jun. 3. U.S. District Court Judge Scott W. Skavdahl imposed the sentence on Mar. 13.

According to court documents, on Aug. 9, 2023, FBI Cheyenne was notified by the FBI’s Operation Rescue Me/Endangered Child Alert Program team of newly produced child pornography on a dark web thread and a potential child victim in Cheyenne. A joint investigation was opened with Wyoming Internet Crimes Against Children Task Force (ICAC) and the FBI based on the images they received from the tip line.

The investigation led agents straight to Cody Foster, a trusted friend of the victim’s mother. Foster exploited their relationship to gain access to the prepubescent child victim. During a search of his residence and devices, agents uncovered hundreds of images and videos of child pornography, including depictions of sadomasochistic activity involving infants and toddlers. Agents also discovered the images and videos of the victim that were initially identified through the tip line. The evidence collected clearly showed the rape and sexual abuse of the prepubescent child victim by Foster, who had a distinct tattoo on his wrist that could be seen in the abusive images and videos he produced of the child victim.  

Agents identified Foster and arrested him within 24 hours of receiving the initial tip from FBI’s Operation Rescue Me/Endangered Child Alert Program team.

“Our office has no higher responsibility than the protection of children from sexual exploitation,” said United States Attorney Nicholas Vassallo. “This defendant’s conduct was utterly reprehensible, but swift action by law enforcement put an end to it, and the 60-year sentence imposed by the court will prevent him from causing further harm to our community.”

“The facts of this case are horrific, and no sentence will fully heal the trauma of this victim. But the penalty in this case can send a message to others, and it will keep this predator from abusing more children,” said FBI Special Agent in Charge Mark Michalek. “The FBI will continue to protect the most vulnerable among us from those who seek to take advantage of their innocence.”

“This case highlights the difficult work agents across the state are involved in every day and the commitment of the Division of Criminal Investigation to aggressively pursue anyone who exploits or is a danger to our children. These investigations are conducted by a team of state, local and federal law enforcement officers. In Wyoming, we are fortunate that excellent partnerships exist between all our law enforcement agencies. It is because of these partnerships and the dedication of our law enforcement professionals and prosecutors that the results achieved in this court today are possible,” said Ronnie Jones, director of the Wyoming Division of Criminal Investigation.  

This crime was investigated by the Federal Bureau of Investigation and the Wyoming Division of Criminal Investigation’s Internet Crimes Against Children Task Force. The case was prosecuted by Assistant United States Attorney Christyne Martens.

This case was brought as part of Project Safe Childhood, a nationwide initiative launched in 2006 by the Department of Justice to combat child sexual exploitation and abuse. 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.justice.gov/psc.

Case Number: 23-CR-00141-SWS