176 Md. App. 365 - Tate v. State’s Empirical Analysis

Citation profile

28 state decisions

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

1. “Clearly there was no suggestion in this case that any part of the appellant’s body ever penetrated, however slightly, into Koree’s genital opening and subsection (2) can, therefore, be factored out of any further consideration. The single, fleeting testimonial reference to “rubbing outside my vagina” does -not tell us with anatomical exactitude precisely what that entailed. In terms of the actus reus, it is possible, indeed probable, that the appellant’s intentional “rubbing outside Koree’s vagina” constituted an intentional touching of Koree’s genital area, but that is not absolutely free of all uncertainty. We are mindful of the caution displayed by Judge Wilmr in Cooksey v. State, as he questioned whether “touching a person’s buttocks” or “rubbing against the victim” amounted to sexual contact even though those actions might clearly represent “sexual molestation or exploitation” so as to constitute sexual child abuse. Section 461(f) of Article 27 (from which § 3 — 301(f) derives without substantive change] includes within the definition of “sexual contact” the intentional touching of the victim’s anal or genital areas or other “intimate parts” for the purpose of sexual arousal or gratification. Whether the touching of a person’s “buttocks” would suffice as sexual contact is not clear. It might, however, depending on the circumstances, constitute sexual molestation or exploitation, even if it did not constitute sexual contact. The same situation could arise from “rubbing ag”

   2 later decisions quote this exact passage
   e.g. Walker v. State · 182 Md. App. 114 - Tate v. State

2. “The victim, Koree Buffington, had just turned 16 years of age when the act of alleged child abuse took place. She was 17 years old at the time of trial. The appellant is her stepfather, with whom Koree had been living as part of the same household. The household consisted of Koree, her mother, the appellant, Koree’s grandmother, Koree’s sister, a cousin, and a nephew. According to Koree herself, she and the appellant had always had a “close” relationship with each other. She described how they would regularly “hang out and just ride to school together” and how “they would joke and play-fight with one another. ” In her trial testimony, Koree described the abusive incident. On a day several days after Koree’s 16th birthday, the appellant knocked on Koree’s bedroom door and she told him to come in. “After he came in, I was like sitting on the floor and he then pulled me up and put my hands around him, and he started touching me.” She testified that the appellant placed her hands around his neck and then “he like took my hands down, and I hugged him like around where his waist was.” Koree’s critical testimony was that while the appellant was holding her, he put his hands inside her underwear. “He started rubbing outside my vagina.” After that, the appellant “just started hugging me, and told me he loved me, and left.” ... Koree elaborated that while she had a “playful relationship” with the appellant, it was “not O.K. for him to kiss her.” She added that she did not believe that ”

   1 later decision quote this exact passage
   e.g. 182 Md. App. 114 - Tate v. State

3. “The potential difference between a fourth-degree sexual offense and sexual child abuse is even more pronounced when we turn our focus on the mens rea of each offense. The sexual abuse of a minor pursuant to § 3-602 does not involve any specific intent or special mens rea. An act of sexual contact, within the contemplation of §§ 3 — 301(f), 3-307, and 3-308, by contrast, requires the proof of a very particularized specific intent or special mens rea. The intentional touching, whatever its scope, must be perpetrated “for sexual arousal or gratification, or for the abuse of either party.” § 3-301(f)(l). There is no comparable mental requirement in the sexual child abuse law. In looking at all of the evidence in this case, there is a strong possibility that the jury (or some of the jurors) could well have concluded that the appellant’s unrestrained behavior may have amounted to sexual child abuse but that he did not harbor that specific intent of acting for “sexual arousal or gratification” necessary for a fourth-degree sexual offense. Although he did not remember having done so, the appellant freely acknowledged that, in the course of playful roughhousing, he may well have touched Koree inappropriately but he forcefully disclaimed any sexual purpose or orientation in his actions.”

   1 later decision quote this exact passage
   e.g. 182 Md. App. 114 - Tate v. State