203 N.C. App. 326 - State v. Phillips’s Empirical Analysis

Citation profile

16 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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[I]f an offense does not involve engaging in a sexual act through the use of force or threat of serious violence, the offense can only be found to be an “aggravated offense” if it involves engaging in sexual acts involving penetration “with a victim who is less than 12 years old.” However, felonious child abuse by the commission of any sexual act provides that the victim must be “a child less than 16 years of age.” Since “a child less than 16 years" is not necessarily also “less than 12 years old, ” without looking at the underlying facts, a trial court could not conclude that a person convicted of felonious child abuse by the commission of any sexual act committed that offense against a child less than 12 years old. Therefore, in light of our review of the plain language of the statutes at issue, we must conclude that the trial court erred when it determined that defendant’s conviction offense of felonious child abuse by the commission of any sexual act under N.C.G.S. § 14-318.4(a2) is an “aggravated offense” as defined under N.C.G.S. § 14-208.6(la) because, when considering the ele ments of the offense only and not the underlying factual scenario giving rise to this defendant’s conviction, the elements of felonious child abuse by the commission of any sexual act do not “fit within” the statutory definition of “aggravated offense.””

   3 later decisions quote this exact passage
   e.g. 244 N.C. App. 112 - State v. Fryou · 208 N.C. App. 286 - State v. Treadway

2. “any criminal offense that includes either of the following: (i) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim of any age through the use of force or the threat of serious violence; or (ii) engaging in a sexual act involving vaginal, anal, or oral penetration with a victim who is less than 12 years old.”

   3 later decisions quote this exact passage
   e.g. 211 N.C. App. 427 - State v. Brown · 226 N.C. App. 311 - State v. Arrington

3. “determine whether the trial court could properly conclude that defendant's conviction of the offense of felonious child abuse by the commission of any sexual act under N.C.G.S. § 14-318.4(a2) is an aggravated offense as defined in N.C.G.S. § 14-208.6(1a).”

   1 later decision quote this exact passage
   e.g. 244 N.C. App. 112 - State v. Fryou