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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. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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