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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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