Hix v. Com.’s Empirical Analysis

Citation profile

25 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 29 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Offers to deal in illegal products or otherwise engage in illegal activity do not acquire First Amendment protection when the offeror is mistaken about the factual predicate of his offer. The pandering and solicitation made unlawful by the Act are sorts of inchoate crimes—acts looking toward the commission of another crime, the delivery of child pornography. As with other inchoate crimes—attempt and conspiracy, for example—impossibility of completing the crime because the facts were not as the defendant believed is not a defense. “All courts are in agreement that what is usually referred to as ‘factual impossibility’ is no defense to a charge of attempt.””

   1 later decision quote this exact passage
   e.g. 52 Va. App. 130 - Podracky v. Commonwealth

2. “The Court of Appeals correctly determined that a police officer posing as a child in an internet chat room is only an impediment to the commission of a crime, an extraneous fact outside of the knowledge and control of the defendant. The non-existence of the “real child” does not make the crime of attempted indecent liberties inherently or legally impossible, but only factually impossible. Thus, the fact that Hix and the defendant in Bloom [v. Commonwealth, 34 Va.App. 364 , 542 S.E.2d 18 , aff'd, 262 Va. 814 , 554 S.E.2d 84 (2001),] were communicating with adult law enforcement officers is not a defense to the attempted crime.”

   1 later decision quote this exact passage
   e.g. 52 Va. App. 130 - Podracky v. Commonwealth

3. “A. Any person 18 years of age or over, who, with lascivious intent, knowingly and intentionally commits any of the following acts with any child under the age of 15 years is guilty of a Class 5 felony: (1) Expose his or her sexual or genital parts to any child to whom such person is not legally married or propose that any such child expose his or her sexual or genital parts to such person....”

   1 later decision quote this exact passage
   e.g. Dietz v. Commonwealth