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Judge: Man did not commit attempted child exploitation

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The Indiana Court of Appeals split on whether a man committed attempted child exploitation when he tried to take pictures up teenagers’ skirts at a mall using a camera attached to his shoe.

On interlocutory appeal, David Delagrange challenged the trial court’s decision to not dismiss four counts of Class C felony attempted child exploitation for trying to snap pictures under four girls’ skirts. The alleged victims were 17 years old or 15 years old. He argued that the statutory definition of “sexual conduct” in place at the time when he tried to take the photos doesn’t describe his activity. The element of “sexual conduct” the parties discuss is “exhibition of the uncovered genitals intended to satisfy or arouse the sexual desires of any person … .”

Because he was charged with attempted child exploitation, it doesn’t matter whether he actually took photographs of uncovered genitals, the majority concluded. Senior Judge John Sharpnack and Judge Terry Crone also found his behavior was sufficient to constitute an attempted exhibition as described by statute.

“The State has alleged that Delagrange knowingly or intentionally attempted to create an image of sexual conduct, which is a sufficient statement of Delagrange’s mental state to survive a motion to dismiss. At trial, the State will bear the burden of proving that Delagrange possessed the culpable mental state, but the State does not need to meet that burden of proof at this stage,” wrote Judge Sharpnack in David Delagrange v. State of Indiana, No. 49A02-1010-CR-1086.

Judge John Baker dissented because he believed Delagrange’s activity at the Indianapolis mall didn’t satisfy the definition of “sexual conduct” as set forth Indiana Code 35-42-4-4 because nothing he did that day could be considered to have involved the “exhibition of the uncovered genitals intended to satisfy or arouse the sexual desire of any person.” His photographs may be morally unacceptable and alarming, but they don’t amount to attempted child exploitation under the current versions of statute, he wrote.

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  • Baker Dissents to Protect Attempt Child Exploitation
    Your headline should either confirm the majority opinion that Mr. Delagrange was attempting to exploit 3-17 year old girls and 1-15 year old girl by surreptitiously photographing UNDER their skirts or you should note Judge Baker's minority dissent that he doesn't believe such conduct is covered by Indiana law. Both your headline and the case itself are head shakers.

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  1. Mr. Ricker, how foolish of you to think that by complying with the law you would be ok. Don't you know that Indiana is a state that welcomes monopolies, and that Indiana's legislature is the one entity in this state that believes monopolistic practices (such as those engaged in by Indiana Association of Beverage Retailers) make Indiana a "business-friendly" state? How can you not see this????

  2. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  5. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

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