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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. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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