Judge Charles Pater said he encourages Tobergta to take advantage of new sex offender program for people who suffer from developmental disabilities once he's released.
"But I'm not going to put you in that program instead of prison," Judge Pater said.
Tobergta will also have to pay court costs, and at discretion of the parole authority, may get three years probation.
Tobergta, of Hamilton, was arrested for stepping out his back door naked at about 1:20 p.m. June 15 and having "sexual relations with a rubber pool float," according to a Hamilton police report.
Theresa Teague's 10-year-old daughter was enjoying her new swimming pool June 15 when she ran back inside her house and said, "Edwin was doing something weird out there," the Hamilton resident told the Journal-News.
Tobergta was engaging in the sex act with an orange inflatable toy that Teague said a neighbor had put out for the trash.
Tobergta has been arrested for similar offenses, according to Hamilton Municipal Court records.
In August 2011, he was arrested at his home after he was seen engaging in sexual conduct with a pink inflatable swimming pool raft, according to police records.
The incident allegedly occurred in an alley behind his home. The witness, who was the owner of the raft, reported to police that the suspect took the raft with him after being shouted at to stop, according to records.