Anthony A. Keith, Appellant-Defendant,
State of Indiana, Appellee-Plaintiff.
from the Henry Circuit Court The Honorable Kit C. Dean Crane,
Judge Trial Court Cause No. 33C02-1603-F4-2
ATTORNEY FOR APPELLANT Cara Schaefer Wieneke Wieneke Law
Office, LLC Brooklyn, Indiana
ATTORNEYS FOR APPELLEE Curtis T. Hill, Jr. Attorney General
of Indiana Lee M. Stoy, Jr. Deputy Attorney General
Anthony A. Keith appeals his conviction for possession of
child pornography involving Snapchat images as a level 6 felony.
Keith raises one issue which we revise and restate as whether
the evidence is sufficient to sustain his conviction. We
and Procedural History
H.T. was born on May 14, 2001. She and her family camped at
Yogi Bear Jellystone Park in Knightstown, Indiana, where her
father worked on the equipment, "every weekend when
[she] had school, and then . . . all summer." Transcript
Volume 2 at 50. While camping, H.T. met Keith, who was
employed by the campground, and knew him for three to four
years before they "bec[a]me friends." Id.
H.T. would ride along with him on the campground's
"chuck wagon" to assist while Keith worked on
equipment or campers that required maintenance. Id.
At some point, Keith asked H.T. for her cellular phone
number, and the two exchanged numbers. Keith and H.T. would
text each other on a daily basis. They also communicated via
Snapchat, which H.T. had requested Keith to join on April 5,
On October 24, 2015, H.T participated in the campground's
haunted trail. At the end of the night, Keith, who was
wearing a bear costume, approached H.T. and asked her to help
turn off the generators. When the two were alone, he asked
H.T. to "play with his [penis]" and if he could
fondle her. Transcript Volume 2 at 61. He also took pictures
of H.T.'s uncovered vagina with his phone.
On October 25, 2015, Keith and H.T. communicated via text
message as follows:
Keith: Good Morning sweetie. Thanks for your help last night
H.T.: Your [sic] welcome
H.T.: Are you still out here at the campground
Keith: Yep. I'll come see you when Teresa leaves
H.T.: Ok tell me when she leaves so I know
* * * * *
H.T.: Are you going to come see me before I leave
H.T.: Will you come see me before I leave please
Keith: I'm heading up now. She is or has just left
Exhibit 1 at 3.
At some point, Keith and H.T. again exchanged text messages
Keith: I'm trying
Keith: Try snapchatting me
H.T.: What do you want me to snapchat you
Keith: I don't care, I don't even have you as a
Keith: I ain't seeing or receiving anything WTF
H.T.: What is your username
Keith: Oh wait. Did you just send "who is this"
Keith: D--- it. Is there another app that only you and me can
chat. I'm afraid Teresa could be monitoring snap chat. My
Friends are people I don't even know.
H.T.: Not that I know of, but you can unfriend the people
you you don't want on there.
Id. at 6.
On November 4, 2015, Keith and H.T. shared the following
exchange by text message:
H.T.: What's up
Keith: Jake ...