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12 Texas opinions name it 2 courts 2010–2024 1 in the last five years
The cases below were cited by Texas 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 |
|---|---|---|
Perez v. Stategreen2 sentences2012See, e.g., People v. Hernandez, 61 Cal.2d 529 , 39 Cal.Rptr. 361 , 393 P.2d 673 (1964) (apparently the first case to allow a mistake-of-age defense; ruling on lenity grounds); see also Perez v. State, 111 N.M. 160 , 803 P.2d 249, 250-51 (1990) (“While a child under the age of thirteen requires the protection of strict liability, the same is not true of victims thirteen to sixteen years of age. 2012See, e.g., People v. Hernandez, 61 Cal.2d 529 , 39 Cal.Rptr. 361 , 393 P.2d 673 (1964) (apparently the first case to allow a mistake-of-age defense; ruling on lenity grounds); see also Perez v. State, 111 N.M. 160 , 803 P.2d 249, 250-51 (1990) (“While a child under the age of thirteen requires the protection of strict liability, the same is not true of victims thirteen to sixteen years of age. | 4 | 4 |
Lambert v. Californiagreen2 sentences2012See Lambert, 355 U.S. at 228 , 78 S.Ct. at 242 . 2012See Lambert, 355 U.S. at 228 , 78 S.Ct. at 242 . | 4 | 4 |
People v. Hernandezgreen2 sentences2012See, e.g., People v. Hernandez, 61 Cal.2d 529 , 39 Cal.Rptr. 361 , 393 P.2d 673 (1964) (apparently the first case to allow a mistake-of-age defense; ruling on lenity grounds); see also Perez v. State, 111 N.M. 160 , 803 P.2d 249, 250-51 (1990) (“While a child under the age of thirteen requires the protection of strict liability, the same is not true of victims thirteen to sixteen years of age. 2012See, e.g., People v. Hernandez, 61 Cal.2d 529 , 39 Cal.Rptr. 361 , 393 P.2d 673 (1964) (apparently the first case to allow a mistake-of-age defense; ruling on lenity grounds); see also Perez v. State, 111 N.M. 160 , 803 P.2d 249, 250-51 (1990) (“While a child under the age of thirteen requires the protection of strict liability, the same is not true of victims thirteen to sixteen years of age. | 4 | 4 |
United States v. Jorge Rodriguezgreen2 sentences2014See United States v. Rodriguez, 711 F.3d 541, 557 (5th Cir.2013) (citing Catherine L. 2014See United States v. Rodriguez, 711 F.3d 541, 557 (5th Cir. 2013) (citing Catherine L. | 3 | 3 |
Heller v. Doe Ex Rel. Doegreen2 sentences2014Heller v. Doe, 509 U.S. 312, 320 , 113 S.Ct. 2637 , 125 L.Ed.2d 257 (1993) (Under the rational basis test, "[a] State ... has no obligation to produce evidence to sustain the rationality of a statutory classification. 2014If that is true, then a mistake- of-age defense would not be available to most persons who are charged with sexual assaults of children because those persons would or should know the child’s age. 174 Heller v. Doe, 509 U.S. 312, 320 (1993) (Under the rational basis test, “[a] State . . . has no obligation to produce evidence to sustain the rationality of a statutory classification. | 2 | 2 |
Owens v. Stategreen2 sentences2014Owens, 352 Md. at 687 , 724 A.2d at 55 (stating that strict liability "avoids the risk that the inevitably emotional statutory rape trial will focus unjustifiably on the child’s appearance and level of maturity” and quoting from Cash : "The obvious problem is that because early adolescents tend to grow at a rapid rate, by the time of trial a relatively undeveloped young girl or boy may have transformed into a young woman or man.”); Cash, 419 Mich. at 245 , 351 N.W.2d at 828 ; Jadowski, 272 Wis.2d at 431-32 , 680 N.W.2d at 817 (stating that a mistake-of-age defense "would raise practical law en 2014Owens, 352 Md. at 687 , 724 A.2d at 55 (stating that strict liability "avoids the risk that the inevitably emotional statutory rape trial will focus unjustifiably on the child’s appearance and level of maturity” and quoting from Cash : "The obvious problem is that because early adolescents tend to grow at a rapid rate, by the time of trial a relatively undeveloped young girl or boy may have transformed into a young woman or man.”); Cash, 419 Mich. at 245 , 351 N.W.2d at 828 ; Jadowski, 272 Wis.2d at 431-32 , 680 N.W.2d at 817 (stating that a mistake-of-age defense "would raise practical law en | 2 | 2 |
State v. Jadowskigreen2 sentences2014Owens, 352 Md. at 687 , 724 A.2d at 55 (stating that strict liability "avoids the risk that the inevitably emotional statutory rape trial will focus unjustifiably on the child’s appearance and level of maturity” and quoting from Cash : "The obvious problem is that because early adolescents tend to grow at a rapid rate, by the time of trial a relatively undeveloped young girl or boy may have transformed into a young woman or man.”); Cash, 419 Mich. at 245 , 351 N.W.2d at 828 ; Jadowski, 272 Wis.2d at 431-32 , 680 N.W.2d at 817 (stating that a mistake-of-age defense "would raise practical law en 2014Owens, 352 Md. at 687 , 724 A.2d at 55 (stating that strict liability "avoids the risk that the inevitably emotional statutory rape trial will focus unjustifiably on the child’s appearance and level of maturity” and quoting from Cash : "The obvious problem is that because early adolescents tend to grow at a rapid rate, by the time of trial a relatively undeveloped young girl or boy may have transformed into a young woman or man.”); Cash, 419 Mich. at 245 , 351 N.W.2d at 828 ; Jadowski, 272 Wis.2d at 431-32 , 680 N.W.2d at 817 (stating that a mistake-of-age defense "would raise practical law en | 2 | 2 |
Hudson, Cynthia Anngreen2 sentences2014See Hudson v. State, 394 S.W.3d 522 , 525 n. 16 (Tex.Crim.App.2013). 2014See Hudson v. State, 394 S.W.3d 522 , 525 n.16 (Tex. Crim. | 2 | 2 |
Morrow v. Stategreen1 sentence2024A criminal defendant has the right to confront “the witnesses against him.” U.S. CONST. amend VI; See Morrow v. State, 862 S.W.2d 612, 614 (Tex. Crim. | 1 | 1 |
Federal Communications Commission v. Beach Communications, Inc.green1 sentence2014A legislative choice is not subject to courtroom factfinding and may be based on rational speculation unsupported by evidence or empirical data.”); Federal Communications Commission v. Beach Communications, 508 U.S. 307, 314-15 (1993). | 1 | 1 |
Shaw v. Stategreen1 sentence2014However, the State could negate such a showing on element (4) by 197 See Loewy at 80-81 (hypothetical involving an underage person who is a college sophomore). 198 This is not necessarily an exclusive list of situations that fail to meet element (4). 199 Shaw v. State, 243 S.W.3d 647, 657-58 (Tex. Crim. | 1 | 1 |
Brown v. Stategreen1 sentence2014The reasoning from Prince has been used to justify denying the mistake-of-age defense and imposing strict liability against those accused of statutory rape.3 In Morissette v. United States, 342 U.S. 246 (1952), the Supreme Court discussed 3 See, e.g., Brown v. State, 74 A. 836, 841 (Del. 1909) (finding that statements of age made by the statutory rape victim and the defendant’s reasonable belief about her age were “irrelevant and immaterial”); State v. Basket, 19 S.W. 1097 (Mo. 1892) (refusing a reasonable mistake-of-age defense for statutory rape of a twelve-year-old girl); Lawrence v. Common | 1 | 1 |
State of Texas v. Rosseau, Robert Louisgreen1 sentence2014State v. Rosseau, 396 S.W.3d 550, 557-58 (Tex. Crim. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Morissette v. United States
green
2 sentences2014The reasoning from Prince has been used to justify denying the mistake-of-age defense and imposing strict liability against those accused of statutory rape. 3 In Morissette v. United States, 342 U.S. 246 , 72 S.Ct. 240 , 96 L.Ed. 288 (1952), the Supreme Court discussed strict liability offenses and noted that, while there must usually be a “vicious will” to constitute a crime, there are exceptions to this rule, including rape cases in which age is the determinative factor, despite the defendant’s reasonable belief that the victim was over the age of consent. 2014The reasoning from Prince has been used to justify denying the mistake-of-age defense and imposing strict liability against those accused of statutory rape. 3 In Morissette v. United States, 342 U.S. 246 , 72 S.Ct. 240 , 96 L.Ed. 288 (1952), the Supreme Court discussed strict liability offenses and noted that, while there must usually be a “vicious will” to constitute a crime, there are exceptions to this rule, including rape cases in which age is the determinative factor, despite the defendant’s reasonable belief that the victim was over the age of consent. | 3 | 2014–2014 |
People v. Cash
green
2 sentences2014Owens, 352 Md. at 687 , 724 A.2d at 55 (stating that strict liability "avoids the risk that the inevitably emotional statutory rape trial will focus unjustifiably on the child’s appearance and level of maturity” and quoting from Cash : "The obvious problem is that because early adolescents tend to grow at a rapid rate, by the time of trial a relatively undeveloped young girl or boy may have transformed into a young woman or man.”); Cash, 419 Mich. at 245 , 351 N.W.2d at 828 ; Jadowski, 272 Wis.2d at 431-32 , 680 N.W.2d at 817 (stating that a mistake-of-age defense "would raise practical law en 2014Owens, 352 Md. at 687 , 724 A.2d at 55 (stating that strict liability "avoids the risk that the inevitably emotional statutory rape trial will focus unjustifiably on the child’s appearance and level of maturity” and quoting from Cash : "The obvious problem is that because early adolescents tend to grow at a rapid rate, by the time of trial a relatively undeveloped young girl or boy may have transformed into a young woman or man.”); Cash, 419 Mich. at 245 , 351 N.W.2d at 828 ; Jadowski, 272 Wis.2d at 431-32 , 680 N.W.2d at 817 (stating that a mistake-of-age defense "would raise practical law en | 2 | 2014–2014 |
Fleming, Mark Alexander
green
2 sentences2016With respect to a mistake-of-fact defense, the Fleming Court emphasized that the “legislature’s intent of protecting children from sexual assault is clear” and “outweighs any claim of the right to present a mistake-of-age defense.” Id. 2016According to the court, “[w]hen a defendant voluntarily engages in sexual activity with someone who may be within a protected age group, he should know that there may be criminal consequences and there will be no excuse for such actions.” Id. | 1 | 2016–2016 |
State v. Whitsett
neutral
1 sentence2014The reasoning from Prince has been used to justify denying the mistake-of-age defense and imposing strict liability against those accused of statutory rape.3 In Morissette v. United States, 342 U.S. 246 (1952), the Supreme Court discussed 3 See, e.g., Brown v. State, 74 A. 836, 841 (Del. 1909) (finding that statements of age made by the statutory rape victim and the defendant’s reasonable belief about her age were “irrelevant and immaterial”); State v. Basket, 19 S.W. 1097 (Mo. 1892) (refusing a reasonable mistake-of-age defense for statutory rape of a twelve-year-old girl); Lawrence v. Common | 1 | 2014–2014 |
United States v. Wilson
green
2 sentences2014FLEMING DISSENT — 14 Court of Appeals for the Armed Forces has noted that one state imposes a culpable mental state with respect to age as an element of the crime (Ohio) while twenty other states currently allow for some form of mistake-of-age defense for sex offenses involving children64—although only four (Alaska, Indiana, Kentucky, and Washington) allow such a defense regardless of the child’s actual age.65 Just four states—Alaska, California, New Mexico, and Utah—have ever recognized a mistake-of-age defense without specific statutory authorization.66 Of those four states, California and N 2014FLEMING DISSENT — 14 Court of Appeals for the Armed Forces has noted that one state imposes a culpable mental state with respect to age as an element of the crime (Ohio) while twenty other states currently allow for some form of mistake-of-age defense for sex offenses involving children64—although only four (Alaska, Indiana, Kentucky, and Washington) allow such a defense regardless of the child’s actual age.65 Just four states—Alaska, California, New Mexico, and Utah—have ever recognized a mistake-of-age defense without specific statutory authorization.66 Of those four states, California and N | 1 | 2014–2014 |
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.