Gonzalez v. Ashcroft, 369 F.Supp.2d 442 (S.D.N.Y.
Apr. 29, 2005) (New York conviction for "use of a child
in a sexual performance" under New York Penal Law § 263.05,
did not constitute an offense relating to child pornography,
and was therefore not an aggravated felony under INA § 101(a)(43)(I),
8 U.S.C. § 1101(a)(43)(I), because the statute of conviction
permits convictions for a lesser degree of scienter when parents
or guardians are charged with violating the statute than the
federal statutes listed in the aggravated felony provisions
require, i.e., to act intentionally or knowingly: "Unless
the scienter element is read so as not to attach to the parents
knowledge of the nature of the performance, the clause regarding
parents is rendered superfluous.").