United States v. Battershell’s Empirical Analysis
457 F.3d 1048 · 2006
Citation profile
9 federal appellate · 1 district · 1 state decisions
How this case has been cited
Cited by 28 later decisions — most recently April 2022 · most notably United States v. Hill (2006), United States v. Krupa (2011)
9 federal appellate · 1 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 18 U.S.C. § 2252 · 18 U.S.C. § 2252A (§ 101 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996) · 18 U.S.C. § 2256
Relies on Illinois v. Gates · United States v. Leon · Aguilar v. Texas · Spinelli v. United States · New York v. P. J. Video, Inc.
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 28 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Federal law defines five categories of “sexually explicit conduct” with respect to child pornography. The first four categories deal with specific conduct that is easy to identify and describe: “(i) sexual intercourse, including genital-genital, oral-genital, anal-genital, or oral-anal, whether between persons of the same or opposite sex; (ii) bestiality; (iii) masturbation; [and] (iv) sadistic or masochistic abuse.... ” The fifth category ... is the “lascivious exhibition of the genitals or pubic area of any person.””
2 later decisions quote this exact passage · from the majority“terse description, absent an accompanying photograph, is insufficient to establish probable cause that the photograph lasciviously exhibited the genitals or pubic area because [its] conclusory statement is an inherently subjective analysis and it is unclear if the photograph exhibited the young female’s genitals or pubic area.”
2 later decisions quote this exact passage · from the majority“[t]he fifth category, which turns on the meaning of 'lascivious,' is far more subjective and open to interpretation than the first four.” Battershell, 457 F.3d at 1051 . Because of this, the court in Battershell concluded that”
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.