State Supreme Court Upholds Original Conviction Of 'Up-Skirt' Photographer

By Emma Koch - 21Alive

David DeLagrange

David DeLagrange

March 19, 2014 Updated Mar 20, 2014 at 6:08 AM EDT

INDIANAPOLIS (21Alive) -- The appeal case for a Fort Wayne "mall peeper" has failed in the Indiana Supreme Court.

The decision came down that David Delagrange didn't have a viable argument to have had his conviction overturned following his 2010 arrest.

A jury convicted him of attempted child exploitation for using a camera, hidden in his show, to take up-the-shirt photos of girls and women at an Indianapolis mall.

In January 2013, the Indiana Court of Appeals threw out the conviction. In their ruling the justices say in part ”(there) was no evidence any of the minors were involved in the type of conduct required 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. Judge Najam said the majority's interpretation of the statute "undermines the goal of the statute, which is to criminalize the exploitation of child victims."

The case went to the Indiana Supreme Court where the conclusion was to affirm the trial courts decision and upheld the original conviction.

Read the full court ruling here.

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