Libby man faces 10 years for child porn

Prosecutors are seeking a 10-year sentence for a 42-year-old Libby man who has pleaded guilty to federal charges related to possession of child pornography.

Kyllian Nathanial Lott was booked and released on charges of receipt and possession of child pornography by local authorities in Missoula in August of 2014. Each charge carries a potential sentence of up to 20 years in prison and a $250,000 fine, in addition to supervised release of five years to life. The statutory minimum is five years in prison.

A month after Lott was released, he was arrested by the United States Marshal Service at his residence on Flower Creek Road for violating the conditions of his release by attempting to meet who he thought was a little girl for sex in a Libby park.  

The case dates back to 2012 when federal agents began investigating a website for distribution of child pornography. That investigation, through an email chain discovered in August 2013, led to Lott.

Lott’s two residences, in Libby and Kalispell, were searched on October 24, 2013. The search resulted in the seizure of computers and other forms of electronic media. Forensic analysis of those devices revealed 6,049 still images and 340 videos of child pornography.

One of the conditions of his release was that he “not have contact with those individuals under 18 years of age without adult supervision as approved by the pretrial officer.”

During that release period, however, according to a sentencing memorandum filed by the United States Attorney prosecuting the case, Zeno Baucus, Lott “posted an ad online and soon was engaged in discussion with an individual involved in meeting with a ‘little girl’ for purposes of engaging in sexual conduct.”

Court documents further indicate Lott purchased a new computer while free on pre-trial release. In early January of this year, Lott’s wife discovered images on the computer and contacted federal authorities. A search warrant was issued on Jan. 16, and investigators discovered several more images along with “evidence that those images were obtained by the defendant while on pre-trial release.”

Lott has agreed to plead guilty to the charge of possessing child pornography. Prosecutors have agreed to dismiss the charge of receipt of child pornography. The sentencing is scheduled for Mar. 4.

The pre-sentence investigation report, prepared by the United States Probation Office, recommended a guideline range of 78 to 97 months incarceration. Attorneys for both the prosecution and defense have submitted memoranda asking for variances from those guidelines.

The defendant’s memorandum argues Lott is a distinguished disabled veteran of the U.S. Navy with no prior history of criminal activity or contact with law enforcement. The document also argues for a more lenient sentence because Lott did not create or distribute the pornographic images found on his computer and other media and because he consented to the search of his residences in Kalispell and Libby. It also cites Lott’s role as a stay-at-home father and, while admitting to physical and mental health issues, claims he does not abuse drugs or alcohol.

For those reasons, the defense argued, Lott should receive a “below-guidelines sentence of incarceration as reasonable.”

The prosecutor’s argument for a variance went in the opposite direction. Baucus requested a sentence of 120 months incarceration, followed by a lifetime of supervised release.

Prosecutors argued in the memorandum that Lott’s behavior both before and after his initial arrest justifies a more severe penalty.

“The defendant’s conduct, including his actions after he was indicted by a Montana grand jury for the possession and receipt of child pornography, strongly supports a significant sentence. First, the defendant admittedly utilized non-pornographic pictures of his own children for the purpose of soliciting child pornography. While the defendant denied ever having any sexual contact with his children, the fact he would disseminate any visual depictions of his children for purposes of collecting child pornography is reprehensible and should give this Court pause when crafting an appropriate sentence…

“At almost every step of the way the defendant has not only reaffirmed his willingness to obtain and possess a massive collection of child pornography but has also (1) ignored directives from this court and (2) provided grave concerns that he has, at the very least, the potential to engage in hands-on conduct.”

Unconfirmed reports indicated Lott is being held at a privately owned correctional facility in Shelby, but the facility refused to confirm that information.