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Convictions stand related to ‘upskirt’ photographs of teens

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The Indiana Supreme Court has upheld the attempted child exploitation convictions of a man who used a camera to take pictures up females' skirts at an Indianapolis mall.

David Delagrange wandered around Castleton Square Mall in 2010 for eight hours trying to take “upskirt” photographs of women and girls as they shopped. He would put his foot in between a person’s legs and take a picture using a camera on his shoe. The images showed the area under the skirt and between the legs of the victims but did not show any uncovered genitals. Three of the victims were 17; one was 15 years old.

He appealed his convictions of four counts of Class C felony attempted child exploitation, which a majority on the Court of Appeals reversed, reasoning that the child exploitation statute requires the child’s genitals be uncovered with the intent to satisfy sexual desires.  

Delagrange argued that because the state presented no evidence that any of the images he captured depict uncovered genitals, it failed to prove an element of the charged offense. His argument might have merit if he was charged with child exploitation, Justice Mark Massa wrote, but he was charged with attempted child exploitation.

The state had to show that he took a “substantial step” toward capturing images of uncovered genitals.

“[C]an a jury infer that someone taking ‘upskirt’ photographs of women and girls by means of a concealed shoe camera does so in the hope that some of them will not be wearing undergarments? We say yes,” Massa wrote.

“Finally, we note that Delagrange’s trial counsel repeatedly drew a parallel between the images Delagrange captured with his ersatz equipment and a famous photograph of Marilyn Monroe standing over an air vent. This analogy was unpersuasive for a lack of similarity between a photograph of a knowing and consenting adult and a video of an unknowing and unconsenting child. The former is legal; the latter is not,” he wrote.

The case is David S. Delagrange v. State of Indiana, 49S04-1304-CR-249.
 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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