This story was originally published by the WND News Center.

There are some defendants in Jan. 6 cases, stemming from the protest-turned-riot that day at the U.S. Capitol, who are facing jail time for being in the building for as little as a few seconds.

Some defendants weren't even in Washington that day, but still are facing charges, possible conviction, and ultimately jail time.

But make a pornographic sex tape inside a Senate office building? No crime, police stunningly have concluded.

A report from the Daily Caller reveals that Capitol police are dropping a case that included a video of two men "engaging in anal sex in a Hart Senate hearing room."

That is, police will not be bringing any charges for what undoubtedly was an activity not authorized by Senate rules.

"For now, we are closing the investigation into the facts and circumstances surrounding a sex video that was recorded inside the Hart Senate Office Building on the morning of Wednesday, December 13," a police statement said. "After consulting with federal and local prosecutors, as well as doing a comprehensive investigation and review of possible charges, it was determined that – despite a likely violation of congressional policy – there is currently no evidence that a crime was committed."

Police said it was a congressional staffer who had "access" to the room, but it was not reported that that activity had been authorized.

Further, police said, "The two people of interest were not cooperative, nor were the elements of any of the possible crimes met. The congressional staffer, who has since resigned from his job, exercised his Fifth Amendment right to remain silent and refused to talk to us."

Police did say they would review "new evidence" if any becomes available.

The Daily Caller said it obtained the amateur porn that revealed a congressional staffer engaging in anal sex with an unknown man.