604 So. 2d 1239 - Baker v. State’s Empirical Analysis

Citation profile

8 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “I'm going to define for you the elements that apply to both sexual battery, victim less than twelve years of age and battery. As to Count I, before you can find the Defendant guilty of sexual battery upon a person less than twelve years of age, the State must prove the following two elements beyond a reasonable doubt: [the victim] was less than twelve years of age, as alleged, nine years of age. Element two: [the Defendant committed an act of sexual battery on the victim.] The punishment provided by law for the offense of sexual battery upon a person less than twelve years of age is greater depending upon the age of the Defendant. Therefore, if you find the Defendant guilty of sexual battery upon a person less than twelve years of age, and you find at the time of the sexual battery, the Defendant was eighteen years of age or older, you should find him guilty of sexual battery upon a person less than twelve years of age by a person eighteen years of age or older. If you find the Defendant was not eighteen years of age or older, but did commit the sexual battery, you should find him guilty only of sexual battery upon a person less than twelve years of age by a person under eighteen years of age.”

   1 later decision quote this exact passage
   e.g. 815 So. 2d 698 - Glover v. State

2. “the offender's age is not an element of the crime of sexual battery. Section 794.011 refers to a person's age only in prescribing the means by which an offender should be punished.”

   1 later decision quote this exact passage
   e.g. Toussaint v. State