Delagrange appeal

Court of Appeal Throws Out Delagrange Conviction

By Dave Wheaton

January 25, 2013 Updated Jan 25, 2013 at 6:46 PM EDT

INDIANPOLIS (www.incnow.tv) - The Indiana Court of Appeals has thrown out the conviction of a Fort Wayne man accused of using an elaborate camera system hidden in his shoes videotape up the skirts of young girls.

In a David Delagrange of Fort Wayne was arrested in 2011 after he was arrested for attempted child exploitation after videotaping up the skirts of a 15 year old girl and three 17 year olds at the Castleton Square Mall in Indianapolis. But Friday’s ruling dismisses those convictions because the statue referred to “sexual conduct by a child.”

In their ruling the justices say in part…”(there) was no evidence any of the minors were involved in the type of conduct require by the child exploitation statute” The ruling reads In order to convict, “each child must have been exhibiting her uncovered genitals with the intent to satisfy sexual desires.”

In the dissenting opinion one of the judges wrote that he believes the language was misrepresented

“(The Statute) cannot be interpreted to require that a child be an active participant in the exhibition of her genitals or that the child have the intent to satisfy sexual desires. Such an interpretation improperly focuses the elements of the crime on the actions of the child an undermines the very foundation of the statute, which was designed to protect children”

Delagrange was also convicted of resisting arrest, had been sentenced to four years in prison with three years suspended.

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