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. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  2. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

  3. So this firebrand GOP Gov was set free by a "unanimous Supreme Court" , a court which is divided, even bitterly, on every culture war issue. WHAT A RESOUNDING SLAP in the Virginia Court's face! How bad must it have been. And all the journalists, lap dogs of the status quo they are, can do is howl that others cannot be railroaded like McDonald now??? Cannot reflect upon the ruining of Winston and Julia's life and love? (Oh I forget, the fiction at this Ministry of Truth is that courts can never err, and when they do, and do greatly, as here, why then it must be ignored, since it does not compute.)

  4. My daughter is a addict and my grandson was taken by DCS and while in hospital for overdose my daughter was told to sign papers from DCS giving up her parental rights of my grandson to the biological father's mom and step-dad. These people are not the best to care for him and I was never called or even given the chance to take him, but my daughter had given me guardianship but we never went to court to finalize the papers. Please I have lost my daughter and I dont want to lose my grandson as well. I hope and look forward to speaking with you God Bless and Thank You for all of your help

  5. To Bob- Goooooood, I'm glad you feel that way! He's alive and happy and thriving and out and I'm his woman and we live in West Palm Beach Florida, where his parents have a sprawling estate on an exclusive golf course......scum bag

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