(INDIANAPOLIS) - The Indiana Supreme Court upheld the conviction of a Fort Wayne man accused of using a shoe camera to film up girls' skirts at Castleton Square Mall.
David Delagrange was arrested in 2010 when a store employee called police because of Delagrange's suspicious behavior. Officers found that Delagrange was using a camera hidden in his shoe to record "up-skirt" videos of three 17-year-old girls and one 15-year-old girl.
Delagrange was convicted of attempted child exploitation. He was sentenced to six months in prison and six months of work release but his conviction was overturned by the Indiana Court of Appeals.
The appeals court said Delagrange had to have recorded the girls' "uncovered genitals." The Indiana Supreme Court ruled that Delagrange only needed to attempt to do so.
The Court also dismissed the defense's argument that the videos recorded by Delagrange were similar to the famous photo of Marilyn Monroe standing over an air vent. The Court said there is a difference between "a photograph of a knowing and consenting adult and a video of an unknowing and unconsenting child."
Delagrange was also originally charged with 10 counts of voyeurism but prosecutors dropped those charges because Indiana law did not specifically ban the video practice. That law has since been changed.
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