Safe Havens

 

(B)  Crimes of Moral Turpitude.

 

            (1) Disorderly Conduct

 

Disorderly conduct may involve moral turpitude when the record of conviction shows that lewd or lascivious acts were committed.[58]  Conversely, moral turpitude is not present in such cases where an evil intent is not necessarily involved.

 

(1)    Board of Immigration Appeals:

Matter of Mueller, 11 I. & N. Dec. 268 (BIA 1965) (Wisconsin conviction of indecent exposure is not a CMT).

 

Matter of H, 7 I. & N. Dec. 301 (BIA 1956) (indecent exposure not a CMT).

 

Matter of FR, 6 I. & N. Dec. 813 (BIA 1955) (conviction of a violation of New York Penal Law § 722(8), disorderly conduct by frequenting or loitering about any public place soliciting men for the purpose of committing a crime against nature or other lewdness, not considered crime of moral turpitude).

Matter of S, 5 I. & N. Dec. 576 (BIA 1953) (gross indecency not a CMT).

Matter of GR, 5 I. & N. Dec. 18 (BIA 1953) (lewd vagrancy, in violation of California Penal Code § 647.5 is not a CMT).

 

Matter of Z, 2 I. & N. Dec. 316 (BIA 1945) (gross indecency held not CMT where an evil intent is not an essential element of the offense).

 

Matter of P, 2 I. & N. Dec. 117 (BIA 1944) (contributing to the delinquency of a minor).

 

District Courts:

 

Lewis v. Frick, 189 F. 146 (D.Mich. 1911), rev’d on other grounds, 195 F. 693 (6th Cir. 1911), aff’d, 233 U.S. 291, 34 S.Ct. 488 (1914) (“disorderly conduct” held not CMT where it was apparently not a sexual offense but was a reduced charge to which the noncitizen pleaded guilty and was fined $10 after having been arrested on the charge of housebreaking).

 

            (2) Riot

 

Riot has been held not to be a crime involving moral turpitude.[59]

 

Matter of O, 4 I. & N. Dec. 301 (BIA 1951) (conviction of participation in riot in violation of § 115 of the German Criminal Code, accompanied by an assault of an official in the lawful exercise of his office in violation of § 113 of such code, does not involve moral turpitude, because knowledge that the person assaulted was a police officer is not necessarily an element of the offense).

[58] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.34 (2005).

[59] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-3(b)(10).