13 Wisconsin opinions name it 2 courts 1997–2019 0 in the last five years
The cases below were cited by Wisconsin courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Kansas v. Hendricksgreen2 sentences2018The absence of the scienter requirement shows "the statute is not intended to be retributive." Kansas v. Hendricks , 521 U.S. 346 , 362, 117 S.Ct. 2072 , 138 L.Ed.2d 501 (1997). d. 2018The absence of the scienter requirement shows "the statute is not intended to be retributive." Kansas v. Hendricks , 521 U.S. 346 , 362, 117 S.Ct. 2072 , 138 L.Ed.2d 501 (1997). d. | 2 | 2 |
United States v. X-Citement Video, Inc.green2 sentences2003In United States v. X-Citement Video, Inc., 513 U.S. 64 (1994), the Court considered whether a federal statute prohibiting the interstate distribution of child pornography contained a scienter requirement regarding the age of minority of the performer. 2003X-Citement Video applied the rule that "the presumption in favor of a scienter requirement should apply to each of the statutory elements that criminalize otherwise innocent conduct." Id. at 72 . | 1 | 3 |
State v. Rachelgreen2 sentences2018We held in Rachel , 254 Wis. 2d 215 , ¶ 51, 647 N.W.2d 762 , that requiring a criminal conviction as a prerequisite to civil commitment did not mean that the *518 commitment itself had a scienter requirement. 2018We held in Rachel , 254 Wis. 2d 215 , ¶ 51, 647 N.W.2d 762 , that requiring a criminal conviction as a prerequisite to civil commitment did not mean that the *518 commitment itself had a scienter requirement. | 1 | 2 |
State v. Thielgreen2 sentences2002The substance of the challenges, however, related to the scienter requirement and therefore, those decisions are instructive here. [18] Since we base our conclusion on previous cases, specifically State v. Thiel, 183 Wis. 2d 505 , 515 N.W.2d 847 (1994), and State v. Kevin L.C., 216 Wis. 2d 166 , 576 N.W.2d 62 (Ct. App. 1997), we do not find it necessary to review the entire over-breadth analysis here. 2002The substance of the challenges, however, related to the scienter requirement and therefore, those decisions are instructive here. [18] Since we base our conclusion on previous cases, specifically State v. Thiel, 183 Wis. 2d 505 , 515 N.W.2d 847 (1994), and State v. Kevin L.C., 216 Wis. 2d 166 , 576 N.W.2d 62 (Ct. App. 1997), we do not find it necessary to review the entire over-breadth analysis here. | 1 | 2 |
State v. Thomasgreen2 sentences2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978). 2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978). | 1 | 1 |
Morissette v. United Statesgreen1 sentence1997See id. at 72 n.2. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wisconsin. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State v. Jadowski
green
2 sentences2015Jadowski, 272 Wis. 2d 418, ¶22 .18 ¶68 The third factor, the statute's legislative history, also weighs in favor of strict liability. 2015Jadowski, 272 Wis. 2d 418, ¶ 22 . 18 ¶ 68. | 4 | 2015–2015 |
State v. Kevin L. C.
green
2 sentences2002The substance of the challenges, however, related to the scienter requirement and therefore, those decisions are instructive here. [18] Since we base our conclusion on previous cases, specifically State v. Thiel, 183 Wis. 2d 505 , 515 N.W.2d 847 (1994), and State v. Kevin L.C., 216 Wis. 2d 166 , 576 N.W.2d 62 (Ct. App. 1997), we do not find it necessary to review the entire over-breadth analysis here. 2002The substance of the challenges, however, related to the scienter requirement and therefore, those decisions are instructive here. [18] Since we base our conclusion on previous cases, specifically State v. Thiel, 183 Wis. 2d 505 , 515 N.W.2d 847 (1994), and State v. Kevin L.C., 216 Wis. 2d 166 , 576 N.W.2d 62 (Ct. App. 1997), we do not find it necessary to review the entire over-breadth analysis here. | 2 | 1999–2002 |
State v. Michael R. Luedtke
green
1 sentence2019Luedtke , 362 Wis. 2d 1 , ¶67. ¶18 WISCONSIN STAT . § 346.63(1)(a), the provision under which Smithers was convicted, provides in relevant part: "No person may drive ... a motor vehicle while ... under the influence of any ... drug to a degree which renders ... her incapable of safely driving." The legislature "has not drafted a scienter [or 'state of mind'] requirement" into this statute. | 1 | 2019–2019 |
State v. Zarnke
green
2 sentences2003The Wisconsin Supreme Court addressed the constitutionality of Wis. Stat. § 948.12 in Zarnke, 224 Wis. 2d 116 , and adopted X-Citement Video's view that "the age of the performer is an elemental fact, and . . . the government must prove some level of sci-enter as to the performer's minority." Id. at 131 . 2003The Wisconsin Supreme Court addressed the constitutionality of Wis. Stat. § 948.12 in Zarnke, 224 Wis. 2d 116 , and adopted X-Citement Video's view that "the age of the performer is an elemental fact, and . . . the government must prove some level of sci-enter as to the performer's minority." Id. at 131 . | 1 | 2003–2003 |
State v. Bangert
green
2 sentences2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978). 2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978). | 1 | 2002–2002 |
White v. State
green
2 sentences2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978). 2002See Thiel, 184 Wis. 2d at 523 (concluding that the statute is rationally related to its compelling state interest to protect the well-being of youth). [1] All subsequent references to the Wisconsin Statutes are to the 1999-2000 version, unless otherwise indicated. [2] See State v. Thomas, 2000 WI 13, ¶ 23 , 232 Wis. 2d 714 , 605 N.W.2d 836 ; State v. Bangert, 131 Wis. 2d 246, 262 , 389 N.W.2d 12 (1986); White v. State, 85 Wis. 2d 485, 490 , 271 N.W.2d 97 (1978). | 1 | 2002–2002 |
Smith v. California
green
2 sentences1999However, the State is limited in its use of strict liability statutes, particularly so in the area of expression where "an elimination [of the scienter requirement] may tend to work a substantial restriction on the freedom of speech and of the press." Id. 1999However, the State is limited in its use of strict liability statutes, particularly so in the area of expression where "an elimination [of the scienter requirement] may tend to work a substantial restriction on the freedom of speech and of the press." Id. | 1 | 1999–1999 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.