State of Tennessee v. Jeffrey R. Dickens

Following a bench trial, the Appellant, Jeffrey R. Dickens, was convicted of criminal attempt to commit unlawful photographing in violation of privacy as proscribed by Tennessee Code Annotated section 39-13-605 (2003), a class B misdemeanor. He was sentenced to six months in the Rutherford County Jail, which was suspended after service of eight days periodic confinement. On appeal, Dickens argues that his conviction cannot stand because an attempt to commit a violation of this section is not an indictable offense. Alternatively, he contends that the proof is insufficient to constitute a "substantial step" toward the commission of the attempted crime. After review, the judgment of conviction is affirmed.