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December 26, 2013

Salem man's child porn conviction overturned

The New Hampshire Supreme Court has overturned the conviction of a Salem man on child pornography charges.

The high court ruled that David Lantagne should not have been arrested in July 2011 following an incident at Canobie Lake Park in Salem.

Lantagne, sentenced to two to 15 years in New Hampshire State Prison, was arrested after a woman at the amusement park complained to security officials he was using a cellphone to take photos of her young daughter while she played in the water.

He was initially charged with disorderly conduct and violation of privacy. The charges against Lantagne were upgraded when Salem police seized his home computer and found images of nude young girls.

Lantagne was convicted in Rockingham Superior Court in October 2012 on three counts of attempted possession of sexual images. In his appeal, Lantagne claimed he was arrested without cause, violating the state and U.S. constitutions.

The court, in its decision handed down Tuesday, ruled that Lantagne should not have been arrested because photographing children at a water park did not pose a threat.

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