NASHVILLE (AP) — The Tennessee Supreme Court has ruled that a man who hid a video camera in the bedroom of a 13-year-old relative while she was in the shower is not guilty of attempting to produce child pornography.

In a split decision filed earlier this week, the court's three female judges found David Hall Scott's actions did not meet Tennessee's definition for production of child pornography, which requires sexual content beyond mere nudity.

The two dissenting male judges noted that Hall positioned the camera to show the girl's torso and upper thighs but not her face. They argued the most important factor was Hall's intent, not what the camera would have captured had the girl not found it immediately.

The state has 90 days to file an appeal.