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← 111 CALAPP3D 110 - People v. Austin

People v. Austin’s Empirical Analysis

1980

Citation profile

58
cited by 58 later decisions
4
states following
November 2016
most recently cited

4 federal appellate · 44 state decisions

How this case has been cited

Cited by 58 later decisions — most recently November 2016 · most notably 9 Cal. 4th 331 - People v. Scott (1994), 11 Cal. 4th 434 - People v. Martinez (1995)

4 federal appellate · 44 state decisions

2501980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

Relationships

Relies on State v. Benton · Beausoliel v. United States · 25 Cal. 3d 238 - Pryor v. Municipal Court · Pryor v. Municipal Court · Moore v. State

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 58 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. ““(a) Any person who shall willfully and lewdly commit any lewd or lascivious act including any of the acts constituting other crimes provided for in Part 1 of this code upon or with the body, or any part or member thereof, of a child under the age of 14 years, with the intent of arousing, appealing to, or gratifying the lust or passions or sexual desires of that person or of the child, shall be guilty of a felony and shall be imprisoned in the state prison for a term of three, six, or eight years. “(c) Any person who commits an act described in subdivision (a) with the intent described in that subdivision, and the victim is a child of 14 or 15 years, and the defendant is at least 10 years older than the child, shall be guilty of a public offense and shall be imprisoned in the state prison for one, two, or three years, or by imprisonment in the county jail for not more than one year.” (Italics added.)”
    2 later decisions quote this exact passage
  2. “Three persons who each have requisite specific ... intent may create independently the same significant harm to children. The first person himself could perform the lewd touching of a child. The second person could cause an innocent third person to do the same type of touching, and the third person could cause the child to do the same type of touching upon or with itself.”
    1 later decision quote this exact passage
  3. “[I]mplicit in the determination that children must be protected from such acts [of molestation] is a determination that at least some harm is inherent in and inevitably results from those acts.... “The harm may be manifested in many different mental, emotional and physical ways, leaving a child with possible lasting and debilitating fears.””
    1 later decision quote this exact passage

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.