ILNews

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. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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