United States v. Theis, No. 16-3058 (10th Cir. 2017)Annotate this Case
Kenneth Theis appeals his conviction and sentence for attempted sexual exploitation of a child. Theis used hidden cell phones to secretly record his girlfriend’s eleven-year-old daughter while she showered and used the toilet. He transferred the recordings to his computer and created still images, some of which focused on her genital and pubic area. As a result, Theis was indicted on two counts of attempted sexual exploitation of a child. Theis filed a motion to dismiss the indictment arguing the facts were insufficient to establish an offense under the applicable statute. He asserted that the statute required a causal, interactive relationship between the defendant and the minor, and that his conduct (which he contended amounted to mere voyeurism) was insufficient to establish a violation of the statute. The district court denied the motion. Finding no reversible error, the Tenth Circuit affirmed.