A Citrus Heights man who received a presidential pardon for his role in the January 6, 2021 Capitol riots has been convicted on federal charges related to child sexual exploitation material, highlighting the complex intersection of political justice and criminal law in Sacramento County.
After a one-day trial a jury found Kyle Travis Colton, 37, of Citrus Heights, guilty of one count of receiving child pornography. The conviction came just months after President Trump issued pardons for January 6 participants, as reported by CBS Sacramento.
Evidence Against Colton
According to evidence presented at trial and in court documents, during a search of Colton's home law enforcement recovered his laptop, which contained images and videos depicting the sexual abuse of children. FOX40 reported that the jury heard evidence that between July 2022 and December 2023, Colton downloaded depictions of children engaged in sexually explicit conduct. The material was saved on Colton's computer desktop and in his downloads folder, and he had user-created bookmarks linking to known child pornography websites.
The case was investigated by the Federal Bureau of Investigation, with Assistant United States Attorneys Whitnee Goins and Shea J. Kenny prosecuting the case. Acting U.S. Attorney Kimberly A. Sanchez announced the conviction following the trial.
Connection to January 6 Capitol Riots
Colton's child pornography charges exist separate from his involvement in the January 6 Capitol riots, for which he received a presidential pardon. Court documents indicate that witnesses on a flight from Washington, D.C., to Los Angeles overheard Colton saying he was part of the "second wave" of rioters in the Capitol Building on January 6.
The FBI, in court documents, said that agents reviewed CCTV from inside the Capitol, and it shows Colton refusing to leave the Rotunda, as well as being present in a line of rioters who were confronting law enforcement. He pleaded guilty to disorderly and disruptive conduct in a restricted building or grounds and was set for sentencing on January 22, but received a presidential pardon before that date.
Growing Pattern of Child Exploitation Cases
Colton's conviction adds to a concerning trend of child sexual exploitation cases in the Sacramento region. Recent months have seen multiple high-profile prosecutions under Project Safe Childhood, according to U.S. Department of Justice records.
Jayson Fernandez Butay, 30, of Sacramento, was sentenced to 25 years in prison for producing child sexual abuse material and possessing child sexual abuse material. In April 2019, Butay used Snapchat to correspond with a 15-year-old girl living in Finland, lying about his identity and convincing her to send him naked images before threatening to disclose them unless she sent sexually explicit videos.
Jordan Anthony Hughes, a 24-year-old Sacramento resident, entered a guilty plea to charges related to the production of child sexual abuse materials. As detailed by DOJ Eastern District of California, in September 2022, Hughes knowingly used a child under the age of 12 to engage in sexually explicit conduct for the purpose of producing visual depictions, with abuse dating back to at least 2017.
Legal Implications and Sentencing
Colton is scheduled to be sentenced by U.S. District Judge Dale A. Drozd on October 27. He faces a maximum statutory penalty of 20 years in prison and a mandatory minimum sentence of five years in prison, plus a $250,000 fine. The actual sentence will be determined at the discretion of the court after consideration of applicable statutory factors and federal sentencing guidelines.
This case demonstrates how presidential pardons apply only to specific federal charges and do not provide blanket immunity for separate criminal conduct. Colton's pardon for his January 6 activities had no bearing on the child pornography charges, which stem from entirely different criminal behavior during a different time period.
Project Safe Childhood Initiative
Project Safe Childhood brought this case to the authorities, a nationwide initiative launched in May 2006 by the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Per DOJ, the program is led by the United States Attorneys' Offices and the Criminal Division's Child Exploitation and Obscenity Section, marshaling federal, state, and local resources to locate, apprehend, and prosecute those who exploit children via the internet.
"This investigation highlights the serious threat sextortionists pose to children who use popular messaging and social media apps," said FBI Sacramento Field Office Special Agent in Charge Sid Patel. "The FBI works closely with our law enforcement partners to identify and bring these predators to justice."
