“Upskirt” peeper conviction overturned

David Delagrange was charged in connection with using a camera installed in his shoe to look up the dresses of girls and women at Castleton mall back in February of 2010.
David Delagrange was charged in connection with using a camera installed in his shoe to look up the dresses of girls and women at Castleton mall back in February of 2010.

INDIANAPOLIS, Ind. (WANE) – The Indiana Court of Appeals has overturned the conviction of a Fort Wayne man who admitted to using a camera installed in his shoe to look up the dresses of girls and women.

According to court documents, David DeLagrange went to the Castleton Square Mall in Indianapolis on February 27, 2010 with a video camera attached to his shoe that he controlled via an apparatus in his pants.  DeLagrange was able to record images underneath the skirts of several females, four of whom were minors.

A trial court convicted DeLagrange on four counts of Child Exploitation.  He was sentenced to six months in prison in March, 2012.

According to court documents, DeLagrange appealed his conviction arguing that his actions did not constitute Child Exploitation because they could not be considered “sexual conduct by a child.”

The Appeals Court agreed, noting that the statute for child exploitation addresses videotape of any performance or incident that includes “sexual conduct” by a child under 18 years of age.

In its ruling, the Appeals Court found the State provided no evidence the victims exhibited their genitals or intended to satisfy anyone’s sexual desire and therefore the trial court should have rendered a not guilty verdict.

At the time of his arrest, officers said DeLagrange, an engineer, had a very sophisticated camera and audio recording system attached to his right shoe and controls for video and audio in his pockets which were wired to the shoe through his pants.

NewsChannel 15 is working to find out If DeLagrange could face any other charges.

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