· 12/19/2023
Johnathan Byrd, The Gathering Tree D/B/A Eden Village v. State of MO
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- explaining that the legislature would not have under- stood “sexual contact” as a fundamentally consensual act, and therefore would not have considered consent to be part of the essential nature of the conduct described in third-degree sexual abuse
- explaining that the legislature would not have under- stood “sexual contact” as a fundamentally consensual act, and therefore would not have considered consent to be part of the essential nature of the conduct described in third-degree sexual abuse
- explaining the holistic approach used to discern whether the legislature intended the knowingly mental state to apply to an element of a crime
- explain- ing the holistic approach used to discern whether the legis- lature intended the knowingly mental state to apply to an element of a crime
- confirm- ing that conduct elements are tied “in part” to a defendant’s bodily movements, but also could include some elements that describe the essential character of the prohibited act
- confirm- ing that conduct elements are tied “in part” to a defendant’s bodily movements, but also could include some elements that describe the essential character of the prohibited act
Source: CourtListener parenthetical corpus (CC0).
Judges: Russell, C.J., Powell, Fischer, Ransom and Broniec, JJ., concur. Gooch, J., not participating.
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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