488 So. 2d 106 - Hightower v. State’s Empirical Analysis

Citation profile

5 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 5 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the intent of the Legislature was and remains to prohibit lewd and lascivious acts upon children, including sexual intercourse and other acts defined as sexual battery, without regard either to the victim's consent or the victim's prior chastity.”

   3 later decisions quote this exact passage · from the majority
   e.g. 497 So. 2d 1292 - Gaffney v. State · 508 So. 2d 385 - O'BRIGHT v. State

2. “prohibiting lewd and lascivious conduct with children under the age of 14 years did not prohibit acts of sexual intercourse between an adult and an unchaste, consenting child, and ... took the view that, where the victim is younger than 14 years of age but not younger than 12 years of age, the victim's consent was a defense to the crime of lewd and lascivious handling, fondling, or assault of a child”

   1 later decision quote this exact passage · from the majority
   e.g. 508 So. 2d 385 - O'BRIGHT v. State

3. “makes clear not only that a child's lack of chastity or consent is no defense to this crime, but it also clearly provides that sexual battery as defined under section 794.011(1)(h) is a method by which the crime of section 800.04 may be committed.”

   1 later decision quote this exact passage · from the dissent
   e.g. 508 So. 2d 385 - O'BRIGHT v. State