State v. Smith

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• consent cannot be a mitigating factor for committing a lewd act upon a child under section 800.04, because \irrelevance of consent as a defense is an inherent component of the crime\
• key feature of section 800.04 is the irrelevancy of a child's consent to sex, and thus, it is inconceivable that a child's consent could be a basis for downward departure

Source: CourtListener parenthetical corpus (CC0).

Cited by

6 cases in this archive cite this case.

• State v. Rife
  Supreme Court of Florida· 2001-04-12· cited 65×
• State v. Whiting
  District Court of Appeal of Florida· 1998-05-01· cited 9×
• State v. Rife
  District Court of Appeal of Florida· 1999-05-28· cited 8×
• State v. Scaife
  District Court of Appeal of Florida· 1996-06-28· cited 7×
• State v. Harrell
  District Court of Appeal of Florida· 1997-04-09· cited 4×
• State v. Stalvey
  District Court of Appeal of Florida· 2000-04-12· cited 2×

Cites

9 cases in this archive are cited by this case.

• Paris Adult Theatre I v. Slaton
  Supreme Court· 1973-10-09· cited 1,264×
• State v. Mischler
  Supreme Court of Florida· 1986-04-03· cited 241×
• Schmitt v. State
  Supreme Court of Florida· 1991-11-14· cited 132×
• Jones v. State
  Supreme Court of Florida· 1994-05-26· cited 77×
• Anderson v. State
  Alaska Supreme Court· 1977-04-08· cited 40×
• State v. Sorakrai
  District Court of Appeal of Florida· 1989-04-26· cited 22×
• Griffin v. State
  Supreme Court of Florida· 1981-03-12· cited 19×
• State v. Johns
  District Court of Appeal of Florida· 1991-03-21· cited 16×
• L.L.N. v. State
  District Court of Appeal of Florida· 1986-12-23· cited 8×