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Delagrange v. State
Indiana Supreme Court
5 N.E.3d 354 (2014)
David Delagrange (plaintiff) took surreptitious, upskirt video footage of women and girls at a shopping mall using a camera hidden in his shoe. The images captured the clothed genital area of each victim. Four of the victims were minors. Mall employees noticed Delagrange’s odd behavior and contacted police. Delagrange was arrested, and the State of Indiana (defendant) charged him with voyeurism and attempted child exploitation. The trial court (1) dismissed the voyeurism charges because Indiana’s voyeurism statute did not cover voyeuristic images taken in public places, only voyeurism that invaded private, protected areas; and (2) convicted Delagrange on the child-exploitation charges. Delagrange appealed. The appellate court reversed the child-exploitation conviction, holding that Indiana’s child-exploitation statute only applied if the child was engaged in sexual conduct or exhibiting unclothed genitals in the captured images, neither of which applied to Delagrange’s footage of clothed genitals. The Indiana Supreme Court granted transfer for Delagrange’s appeal.
Rule of Law
Holding and Reasoning (Massa, J.)
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