TSC Holds Evidence Not Enough to Convict for Attempt to Sexually Exploit a Minor

In a divided opinion, the Tennessee Supreme Court has reversed and dismissed the conviction of a Davidson County man for attempted especially aggravated sexual exploitation of a minor — “attempted child sexual exploitation” — in a case in which he secretly videotaped a 13-year-old female relative while she was in her bedroom. Based on the language of Tennessee’s child sexual exploitation statutes, which were adopted to address the production of child pornography, the majority of the Court found that there was not enough evidence at trial to affirm the conviction. Justice Holly Kirby authored the majority opinion, and the dissent was authored by Justice Roger Page.
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