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Justice News

Department of Justice
U.S. Attorney’s Office
Western District of New York

Wednesday, February 1, 2017

Corning Man Arrested, Charged With Receipt Of Child Pornography

CONTACT:      Barbara Burns
PHONE:         (716) 843-5817
FAX:            (716) 551-3051

ROCHESTER, N.Y.- Acting U.S. Attorney James P. Kennedy, Jr. announced today that Kevin Theil, 53, of Corning, NY, was arrested and charged by criminal complaint with receipt of child pornography. The charge carries a maximum penalty of 20 years in prison and a fine of $250,000.

Assistant U.S. Attorney Melissa M. Marangola, who is handling the case, stated that according to the complaint, on November 8, 2016, the FBI met with the Ithaca Police Department and a Cooperating Witness (CW). The CW told officers that through, she came come to know a man from Corning, NY who had a sexual interest in children. A cellular telephone number provided by the CW traced back to the defendant.  A check of an FBI database determined that Theil worked for a manufacturing company and he attended an FBI Cyber briefing in the State of Kentucky involving his employment. At the briefing, the defendant provided the FBI with his contact information, including his cell number which matched the number provided by the CW.  

The CW told officers that the defendant showed her child pornography on his iPad, naked images of young girls, approximately seven or eight years old. In addition, the CW stated that Theil admitted to her that he had previously sexually abused his niece on multiple occasions when she was approximately 14 years old. 

The CW further stated that on another occasion, Theil asked her to facilitate a sexual encounter with a minor female. The CW arranged for an 18-year-old friend, who looked much younger, to meet with Theil in a hotel room in Ithaca, NY. The defendant paid the CW $1,200 for the session with the alleged 14-year-old. After the session, Theil contacted the CW and asked that she find a true minor female. In hopes of getting money, the CW fabricated a story that she babysat two sisters, ages eight and 12, and that she could facilitate the defendant having a session with the 12-year-old. The CW told officers she had no intention of providing a minor female because she found it inappropriate but hoped to steal money from Theil when he showed up anticipating the session. 

On December 15, 2016, search warrants were executed at the defendant’s residence in Corning, NY and at Theil’s lake house in Hammondsport, NY. Following the searches, a forensic examination of the defendant’s computer revealed 367 images of child pornography on Theil’s laptop.

The defendant made an initial appearance before U.S. Magistrate Judge John W. Feldman and was released. 

The complaint is the result of an investigation by the Federal Bureau of Investigation, under the direction of Special Agent-in-Charge Adam S. Cohen, the New York State Police, under the direction of Major Richard Allen, and the Steuben County Sheriff’s Department, under the direction of Sheriff James Allard.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. 

Updated February 2, 2017