INDIANAPOLIS (WHAS11) – The Indiana Supreme Court is now weighing in on the case of a convicted mall peeper.
Justices heard arguments in the case of David Delagrange, who was convicted of attempted child exploitation for using a camera in his shoe to take pictures up the skirts of girls and women at various malls in Indianapolis.
An appeals court threw out the conviction saying the girls weren’t involved in sexual misconduct.
Lawyers for the state argue that allowing that ruling to stand could cut protections for children in other circumstances.
“Children who don’t know any better; sleeping children [or] hidden camera cases. None of these cases are covered by this statute, and that is completely contrary to the legislature’s intent,” state attorney J.T. Whitehead said.
Delagrange has already served time in prison for the conviction. His attorneys want conviction expunged and his name eliminated from any sex offender registry.
“He’s a peeper. He’s not a child pornographer. His conduct is that of a peeper,” Delagrange’s attorney Michael Borschel said.
“It’s not known when the court will issue a ruling.