830 So. 2d 1047 - State v. Bagneris’s Empirical Analysis

Citation profile

3 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 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Aggravated rape is a rape committed upon a person sixty-five years or older or when the anal, oral, or vaginal sexual intercourse is deemed to be without the lawful consent of the victim because it is committed under any one or more of the following circumstances: Where the victim is under the age of thirteen years. Lack of knowledge of the victim’s age shall not be a defense. Whoever commits the crime of aggravated rape shall be punished by life imprisonment at hard labor without the benefit of parole, probation, or suspension of sentence. In lawyers vernacular it’s called big life. Everyday life. Okay? | ^Aggravated rape by oral sexual intercourse. The defendant is charged with the aggravated rape of [B.B.]. Aggravated rape is the act of oral sexual intercourse with a person without their lawful consent, or, where the victim is prevented from resisting the act because the victim suffers from a physical or mental infirmity preventing such resistance. That includes a person with any kind of infirmity and lower IQ. Oral sexual intercourse may be intentionally engaging in any of the following acts with another person: The touching of the anus or genitals of the victim by the offender, using the mouth or tongue of the offender; or the touching of the anus or genitals of the offender by the victim, using the mouth or tongue of the victim. Sexual intercourse is deemed to have taken place even though emission did not occur. Thus, in order to convict the defendant of aggravated rape”

   1 later decision quote this exact passage
   e.g. 143 So. 3d 1275 - State v. Wallace