Aggravated Felonies
§ 5.71 1. Sexual Element
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This category requires sexual abuse, so there must be some element involving sex. The courts that have independently defined the term “sexual” generally agree that the term means “of, relating to, or associated with sex as a characteristic of an organic being.”[612] This may mean a sexual act or a sexual intent. Counsel should argue that the aggravated felony definition requires both.
[612] United States v. Izaguirre-Flores, 405 F.3d 270, 275 (5th Cir. Mar. 31, 2005), quoting Webster’s Third New International Dictionary 2082 (1986). See also United States v. Londono-Quintero, 289 F.3d 147 (1st Cir. May 6, 2002);
Updates
Tenth Circuit
AGGRAVATED FELONY - SEXUAL ABUSE OF A MINOR - CONTRIBUTING TO THE DELINQUENCY OF A MINOR BY UNLAWFUL SEXUAL CONTACT
Vargas v. Dep't of Homeland Sec., ___ F.3d ___ 2006 WL 1689293 (10th Cir. Jun. 21, 2006) (Colorado conviction of contributing to the delinquency of a minor, in violation of CRS 18-6-701, may be violated by encouraging a child to violated any state law, from jaywalking to murder; since conviction under this statute requires proof, as an element of the offense, of a specified predicate offense, it was proper to look to the charging document to determine the predicate offense; violation of CRS 18-6-701 where the predicate offense was a violation of C.R.S. 18-3-404(1)(A), unlawful sexual contact with a minor, constitutes an aggravated felony). http://laws.lp.findlaw.com/10th/059581.html