215 Wis. 2d 71 - State v. Zarnke’s Empirical Analysis

Citation profile

6 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 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “child victim” exception to the scienter requirement in X-Citement Video because the prohibited activities under consideration (transporting, shipping, receiving, distributing or reproducing child pornography) are not ones in which a defendant would usually personally confront, or have the opportunity to personally confront, a child depicted in the material. See id. at 72 n.2. The Court explained that "[t]he opportunity for reasonable mistake as to age increases significantly once the victim is reduced to a visual depiction, unavailable for questioning by the distributor or receiver.”

   1 later decision quote this exact passage
   e.g. 216 Wis. 2d 166 - State v. Kevin L. C.

2. “"Produces, performs in, profits from, promotes, imports into the state, reproduces, advertises, sells, distributes, or possesses with intent to sell or distribute, any undeveloped film, photographic negative, photograph, motion picture, videotape, sound recording or other reproduction of a child engaging in sexually explicit conduct."”

   1 later decision quote this exact passage
   e.g. 224 Wis. 2d 116 - State v. Zarnke

3. “prohibits all forms of sexual exploitation of a child, whether the exploitation was remote or in the child's presence.”

   1 later decision quote this exact passage
   e.g. 229 Wis. 2d 1 - State v. DeRango