(A)  Sexual Act.  A mere battery offense will not be considered sexual.  Arguably there needs to be some type of sexual contact (or exposure).  Under federal law, this contact is limited to the genitalia, anus, groin, breast, inner thigh, or buttocks.[613]  Therefore, stealing a kiss or satisfying a foot fetish arguably are not included.  In United States v. Pallares-Galan,[614] the Ninth Circuit found that sexual abuse requires “requires more than improper motivation; it requires conduct that is abusive.”[615]  The Fifth Circuit requires that any sexual act be “overt” (i.e., known to the victim).[616] 

 

[613] 18 U.S.C. § § 2246(3), 3509(a)(9).

[614] United States v. Pallares-Galan, 359 F.3d 1088 (9th Cir. 2004).

[615] Id. at 1101-1102.

[616] United States v. Izaguirre-Flores, 405 F.3d at 276 (5th Cir. Mar. 31, 2005).

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