- Net worth
- Unknown
- Crimes
- january 6, other, post pardon
- Convicted of
- Charged in the Jan. 6 Capitol attack with property destruction and unlawful entry; later pleaded guilty to possession of child pornography discovered during that investigation
- Original sentence
- N/A on Jan. 6 charges after pardon; later sentenced to 48 months' imprisonment in the District of Massachusetts for possession of child pornography (March 30, 2026)
- Time served
- N/A
Background
Daniel Tocci is an Amherst, Massachusetts, resident who was charged in the District of Columbia for his conduct during the January 6, 2021 attack on the U.S. Capitol. According to the FBI statement of facts, investigators identified him in video and photographs showing him at the Capitol after attending the Washington rally that day. Trump later included Tocci in the sweeping January 20, 2025 clemency proclamation for Jan. 6 defendants, which ended his Capitol case.
The Case
According to the FBI statement of facts and the later D.C. charging document, Tocci entered restricted Capitol grounds, helped other rioters scale the outer wall of the northwest staircase, chanted with the crowd on the Upper West Terrace, entered the Capitol through the Senate Wing Door at about 3:18 p.m., and later broke off and removed part of a shutter slat from a broken window. Prosecutors charged him with destruction of government property, unlawful entry, disorderly conduct, and parading in the Capitol. That conduct formed part of the mob attack that disrupted Congress's certification of the 2020 presidential election and helped overwhelm police protecting the Capitol and the peaceful transfer of power.
The later Massachusetts case was more serious. NBC News reported, and federal prosecutors wrote in a sentencing memorandum, that investigators discovered more than 100,000 child sexual abuse images and videos on Tocci's laptop and thumb drives during the Jan. 6 investigation. Tocci pleaded guilty in September 2025 to possession of child pornography, and on March 30, 2026 he was sentenced to four years in prison. Prosecutors wrote that the material included children as young as three being penetrated and emphasized that possession of this material prolongs harm to abused children because every download and viewing helps sustain the market for images of their abuse and forces victims to live with the knowledge that strangers continue consuming records of their exploitation.
The Pardon
On January 20, 2025, President Trump granted Tocci a full pardon under the proclamation covering certain offenses related to the events at or near the U.S. Capitol on January 6, 2021. His Jan. 6 case was dismissed after that clemency action, but the separate Massachusetts child-pornography case continued because it arose from evidence seized during the Capitol investigation.
Sources
- President Trump's Proclamation Granting Pardons and Commutations of Sentences for Certain Offenses Relating to the Events at or Near the United States Capitol on January 6, 2021 (DOJ)
- Statement of Facts - Daniel Tocci (D.D.C. case filing)
- Criminal Complaint - Daniel Tocci (D.D.C. case filing)
- Information - United States v. Daniel L. Tocci (D.D.C. case filing)
- Government's Sentencing Memorandum - United States v. Daniel Tocci (D. Mass. case filing)
- Jan. 6 rioter pardoned by Trump sentenced over 'child pornography collection' (NBC News, Mar. 30, 2026)