INDIANAPOLIS - The Indiana Supreme Court reinstated the conviction of a man accused of shooting up-skirt videos and pictures of girls at an Indianapolis mall.
The ruling was handed down Tuesday against David Delagrange. Delagrange, of Fort Wayne, was arrested in 2010 after an officer found him using a camera hidden in his shoe and an elaborate recording system to take videos underneath the dresses of a 15-year-old and three 17-year-olds at Castleton Square Mall.
Delagrange was convicted of attempted child exploitation and sentenced to six months in prison, but the Indiana Court of Appeals overturned the conviction, saying he had to have recorded video of "genitalia" to be convicted.
The new Supreme Court ruling argued he only had to make an attempt to do so to be convicted.
"The State need not show Delagrange actually succeeded in capturing images of uncovered genitals; rather, it must show that he took a "substantial step" toward doing so," the ruling said.
The Supreme Court also rejected the defense argument that the videos were no different from the famous Marilyn Monroe image.
"Finally, we note that Delagrange’s trial counsel repeatedly drew a parallel between the images Delagrange captured with his ersatz equipment and a famous photograph of Marilyn Monroe standing over an air vent. This analogy was unpersuasive for a lack of similarity between a photograph of a knowing and consenting adult and a video of an unknowing and unconsenting child. The former is legal; the latter is not," the ruling said.
The case has led to changes in the state’s voyeurism laws.
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