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← 102 Haw. 383 - State v. Chun

State v. Chun’s Empirical Analysis

2003

Citation profile

7
cited by 7 later decisions
2
states following
December 2019
most recently cited

7 state decisions

Relationships

Applies 42 U.S.C. § 14071 (§ 170101 of the Violent Crime Control and Law Enforcement Act of 1994)

Relies on 8 Cal. 3d 410 - In Re Lynch · State v. Jenkins · Coon v. City and County of Honolulu · State v. Rocker · State v. Wells

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “(A) The term ‘criminal offense against a victim who is a minor’ means any criminal offense that consists of— (i) kidnapping of a minor, except by a parent; (ii) false imprisonment of a minor, except by a parent; (iii) criminal sexual conduct toward a minor; (iv) solicitation of a minor to engage in sexual conduct; (v) use of a minor in a sexual performance; (vi) solicitation of a minor to practice prostitution; (vii) any conduct that by its nature is a sexual offense against a minor; or (viii) an attempt to commit an offense described in any of clauses (i) through (vii), if the State— (I) makes such an attempt a criminal offense; and (II) chooses to include such an offense in those which are criminal offenses against a victim who is a minor for the purposes of this section. For purposes of this subparagraph conduct which is criminal only because of the age of the victim shall not be considered a criminal offense if the perpetrator is 18 years of age or younger. (B) The term ‘sexually violent offense’ means any criminal offense that consists of aggravated sexual abuse or sexual abuse (as described in sections 2241 and 2242 of title 18, United States Code, or as described in the State criminal code) or an offense that has as its elements engaging in physical contact with another person with intent to commit aggravated sexual abuse or sexual abuse (as described in such sections of title 18, United States Code, or as described in the State criminal code). (C) The term ‘sexually v”
    1 later decision quote this exact passage · from the majority
  2. “"Criminal offense against a victim who is a minor” means any criminal offense that consists of: (1) Kidnapping of a minor, except by a parent; (2) Unlawful imprisonment in the first degree of a minor, except by a parent; (3) Criminal sexual conduct toward a minor; (4) Solicitation of a minor who is less than fourteen years old to engage in sexual conduct; (5) Use of a minor in a sexual performance; (6) Solicitation of a minor to practice prostitution; (7) Any conduct that by its nature is a sexual offense against a minor, but excludes conduct that is criminal only because of the age of the victim, as provided in section 707-730(l)(b) or section 707-732(l)(b), if the perpetrator is eighteen years of age or younger; (8) An act, as described in chapter 705, that is an attempt, criminal solicitation, or criminal conspiracy to commit one of the offenses designated in paragraphs (1) through (7); or (9) Any state, federal, or military law similar to paragraphs (1) through (8). [[Image here]] "Sexually violent offense" means an act committed on, before, or after July 1, 1997, that is: (1) An act defined in section 707-730(l)(a), 707-73 0( 1 )(b), 707-731 (1 )(a), 707-731 (l)(b), 707-732(l)(a), 707-732(l)(e), and 707-733(l)(a); (2) A criminal offense that is comparable to a sexually violent offense as defined in paragraph (1) or any federal or out-of-state conviction, for any offense that under the laws of this State would be a sexually violent offense as defined in paragraph (1); or ”
    1 later decision quote this exact passage · from the majority
  3. “[I]n promulgating HRS ch. 846E, the legislature expressly declared that one of its purposes was to comply with the registration requirements for certain sex offenders established by the Jacob Wetter-ling Crimes against Children and Sexually Violent Offender Registration Act of 1994, Pub. L. No. 103-322, 108 Stat. 1796, 2038 [hereinafter, the Wetterling Act], as amended by Megan’s Law, Pub. L. No. 104-145 (1996), and the Pam Lynchner Sexual Offender Tracking and Identification Act of 1996, Pub. L. No. 104-236 (codified as amended at 42 U.S.C. § 14071 (2000))[.] ... The Wetterling Act directs the United States Attorney General to “establish guidelines for state programs that require ... a person who is convicted of a criminal offense against a victim who is a minor or who is convicted of a sexually violent offense to register a current address with a designated State law enforcement agency[.]” 42 U.S.C. § 14071 (a)(1)(A). The guidelines note that the Wetterling Act’s registration requirements “constitute a floor for state programs, not a ceiling.” Final Guidelines for the Wetterling Act, 61 Fed. Reg. 15110 , 15112 (1996). States that fail to comply with the program described in the Wetterling Act face the loss of certain federal funds that they would otherwise receive. 42 U.S.C. § 14071 (g)(2)(A).”
    1 later decision quote this exact passage · from the majority

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.