206 W. Va. 420 - State v. Stephens’s Empirical Analysis

Citation profile

24 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 24 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “(a) In addition to any other offenses set forth in this code, the Legislature hereby declares a separate and distinct offense under this subsection as follows: If any parent, guardian or custodian of or other person in a position of trust in relation to the child under his or her care, custody or control, shall engage in or attempt to engage in sexual exploitation of, or in sexual intercourse, sexual intrusion or sexual contact with, a child 7 under his or her care, custody or control, notwithstanding the fact that the child may have willingly participated in such conduct, or the fact that the child may have suffered no apparent physical injury or mental or emotional injury as a result of such conduct, then such parent, guardian, custodian or person in a position of trust shall be guilty of a felony and, upon conviction thereof, shall be imprisoned in the penitentiary not less than ten nor more than twenty years, or fined not less than five hundred nor more than five thousand dollars and imprisoned in the penitentiary not less than ten years nor more than twenty years.”

   4 later decisions quote this exact passage · from the dissent
   e.g. 221 W. Va. 495 - State v. Cecil · 221 W. Va. 229 - State v. Collins

2. “... a person over the age of fourteen years who has or shares actual physical possession or care and custody of a child on a full-time or temporary basis, regardless of whether such person has been granted custody of the child by any contract, agreement or legal proceeding. “Custodian” shall also include, but not be limited to, the spouse of a parent, guardian or custodian, or a person cohabiting with a parent, guardian or custodian in the relationship of husband and wife, where such spouse or other person shares actual physical possession or care and custody of a child with the parent, guardian or custodian.”

   2 later decisions quote this exact passage
   e.g. 221 W. Va. 229 - State v. Collins · 231 W. Va. 749 - State of West Virginia v. Ethan Chic-Colbert

3. “A babysitter may be a custodian under the provisions of W.Va.Code, § 61-8D-5 [1998], and whether a babysitter [is] in fact a custodian is a question for the jury.”

   2 later decisions quote this exact passage
   e.g. 221 W. Va. 495 - State v. Cecil · 226 W. Va. 464 - State v. Edmonds