David Delagrange v. State of Indiana - 10/10/13

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Thursday  October 10, 2013 
9:45 AM  EST

9:45 a.m. 49S04-1304-CR-249. Delagrange attached a video camera to his shoe and obtained images of the area beneath the skirts of female minors. He was charged with child exploitation, which prohibits capturing images of “sexual conduct by a child.” See Ind. Code §§ 35-42-4-4(b)(1); 35-42-4-4(a)(4) (defining sexual conduct). The Marion Superior Court denied his motion for a directed verdict, and a jury found him guilty of attempted child exploitation. A divided Court of Appeals held that the phrasing of the statutes requires the child be performing the sexual conduct, and reversed the convictions in Delagrange v. State, 951 N.E.2d 593 (Ind. Ct. App. 2013), vacated. The Supreme Court has granted a petition to transfer the case and has assumed jurisdiction over the appeal.

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