Perry v. Commonwealth’s Empirical Analysis

Citation profile

21 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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “The Legislature labeled the prohibited class “visual material,” a broad term. It included within the definition of “visual material” any photograph. The phrase “any ... photograph” means what it says, any photograph without limitation. A “photograph” is “a picture, image, or likeness obtained by photography.” Webster’s Third New Int’l Dictionary 1702 (1993). See American Heritage Dictionary 987 (1970) (photograph is “[a]n image ... recorded by a camera and reproduced on a photosensitive surface”). In modern parlance, an image produced by a digital camera is considered “photography,” i.e., it is “characterized by great truth of representation or minute detail in reproduction.” Webster’s Third New Int’l Dictionary, supra. It matters not that the scene is captured in bytes rather than on conventional film. See American Heritage Dictionary 507 (4th ed.2000) (“digital photography”). Any lingering doubt whether § 31 included computer images of the type at issue here is dispelled by the use of the word “picture” and the context of the remainder of the section. This convinces us that the Legislature intended the section to reach images produced by any method of photography: conventional, “instant,” electronic, digital, or some means as yet not invented. Because § 31 includes visual material even if undeveloped and even if it requires some sort of processing in order to be developed, the means used to store or display the visual material are of no relevance. The bytes of a computer im”

   1 later decision quote this exact passage
   e.g. Getz v. Pennsylvania Board of Probation & Parole

2. “Any motion picture film, picture, photograph, videotape, any book, magazine, or pamphlet that contains pictures, photographs or similar visual representations or reproductions. Undeveloped photographs, pictures, motion picture films, videotapes and similar visual representations or reproductions may be visual materials notwithstanding that processing, development or similar acts may be required to make the contents thereof apparent.”

   1 later decision quote this exact passage
   e.g. Getz v. Pennsylvania Board of Probation & Parole