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Law's Ambiguity Could Jeopardize Shoe Cam Case
Voyeurism Law May Not Include So-Called Upskirting
POSTED: 5:12 pm EDT March 19, 2010
UPDATED: 8:35 pm EDT March 19, 2010
INDIANAPOLIS -- The ambiguity of Indiana's voyeurism law could put the case of a man charged with videotaping up women's skirts in jeopardy.David Delagrange, 40, of Fort Wayne, is accused of following women and girls around Castleton Square Mall last month, getting close enough to dozens of them to photograph up their dresses.He pleaded not guilty to seven counts of voyeurism, four counts of attempted child exploitation and one count of resisting law enforcement, while three new voyeurism charges were filed on Friday.But Delagrange's attorney is questioning the definition of voyeurism, 6News' Renee Jameson reported."I don't think the case is properly charged, and I intend to explore that," said Vernon Lorenz.Under Indiana law, voyeurism is defined as someone who goes onto someone's property to peep into an occupied dwelling of another person. Areas where someone has a reasonable expectation of privacy like restrooms, baths, showers and dressing rooms are also included.But absent is so-called upskirting, or concealed recordings of someone's body in public places without the person's knowledge and consent."Several states have laws that deal with what they refer to as upskirting, looking up a skirt, but Indiana does not," said Indiana University professor emeritus Henry Karlson. "It means they charged him with a crime that doesn't exist."Police said that when Delagrange was arrested he had a sophisticated video and audio recording system in his clothes, including a camera on his shoe.The Marion County Prosecutor's Office did not return calls on Friday regarding the case.Delagrange's trial has been set for May 12.
Previous Stories:
- March 3, 2010: Prosecutor: Shoe Cam Man Creeped Out Victims
- March 2, 2010: 30 Women May Be On Shoe Camera Footage
- March 2, 2010: Police: 4 Women, Girl Likely Caught On Shoe Camera
- March 1, 2010: Police: Man Used Shoe Camera To Spy Up Skirts
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