Safe Havens

 

(B)  Crimes of Moral Turpitude.[252]

 

Acts of improper sexual conduct between an adult male offender and a child, usually female, which may or may not amount to actual sexual assault or intercourse, have been given various names in the different jurisdictions, such as “carnal abuse,” “indecent liberties,” “contributing to the delinquency of a minor,” and so forth.  Such offenses have generally been held to be crimes involving moral turpitude . . . .[253]

The terminology in this class of offenses is particularly diverse.

 

Thus, similar acts to those involved in some of the cases discussed in this section may have been involved in offenses denominated as “disorderly conduct,” “lewd and indecent behavior,” etc. . . . ; as “indecent assault”. . . ; as rape or attempted rape . . . ; or as an offense involving homosexual conduct . . . .[254]

 

Note that in some cases, a sexual abuse statute may be subject to challenge on constitutional grounds.[255]

 

Convictions for contributing to the delinquency of a minor have uniformly been held to involve moral turpitude where the record of conviction shows a sexual offense was committed against a minor.[256]  On the other hand, contributing to the delinquency of a minor has been held not to be a crime involving moral turpitude where it was determinable from the record that a relatively minor social offense could have been the basis for such conviction.

 

Board of Immigration Appeals:

 

Matter of W, 5 I. & N. Dec. 239 (BIA 1953) (conviction of contributing to the delinquency of a minor in violation of Canada Juvenile Delinquents Act of 1929 § 33, a divisible statute, involves moral turpitude where the conviction record shows the specific act to be that of sexual intercourse).

 

Matter of C, 5 I. & N. Dec. 65 (BIA 1953) (conviction of contributing to the delinquency of a minor in violation of Title 23, Chapter 10, Article 3, § 1034 of the General Laws of the State of Oregon may or may not involve moral turpitude, since the term “immoral conduct” contained in § 603 of Title 93 of the General Laws of the State of Oregon is broad enough to encompass acts which do or do not involve moral turpitude; when the record of conviction, specifically including the charge, clearly shows lewd and lascivious acts involved in the commission of the crime, the particular offense involves moral turpitude).

 

Matter of W, 2 I. & N. Dec. 795 (BIA 1947) (conviction of contributing to the delinquency of a minor in violation of Canada Juvenile Delinquents Act § 33(1)(b), by setting a bad example for minors by “taking part” in a certain theft, does not involve moral turpitude, where the evidence showed no exercise of will upon the minors by force or otherwise).

 

Matter of VT, 2 I. & N. Dec. 213 (BIA 1944) (conviction of contributing to the delinquency of a minor, in violation of California Juvenile Court Law § 21, which embraces offenses which do not necessarily involve moral turpitude, held not to involve moral turpitude, since the record of conviction is too meager to determine whether this offense involves moral turpitude).

Matter of P, 2 I. & N. Dec. 117 (BIA 1944) (conviction of contributing to the delinquency of minors by making an indecent exposure in violation of § 1987-17 of Remington’s Revised Statutes does not involve moral turpitude, where the statute violated does not require any specific intent and the record of conviction does not disclose whether the offending act was done with evil intent).

 

Matter of Y, 1 I. & N. Dec. 662 (BIA 1943) (contributing to the delinquency of a minor in violation of § 7696, Chapter 30, Compiled Laws of Michigan (1929) is not necessarily a crime involving moral turpitude; since the complaint did not specify the act, the conviction could not be held to be a CMT).

[252] See N. Tooby, J. Rollin & J. Foster, Crimes of Moral Turpitude § 9.97 (2005).

[253] Annot., What Constitutes “Crime Involving Moral Turpitude” Within Meaning of § § 212(a)(9) and 241(a)(5) of Immigration and Nationality Act (8 U.S.C. § § 1182(a)(9), 1251(a)(4)), and Similar Predecessor Statutes Providing for Exclusion or Deportation of Aliens Convicted of Such Crime, 23 A.L.R. Fed. 480, § 12[c] (1975) (footnote omitted).

[254] Ibid., n.72.

[255] Ashcroft v. ACLU, 124 S.Ct. 2783 (June 29, 2004) (Child Online Pornography Act, 47 U.S.C. § 231, found likely to violate the First Amendment; preliminary injunction against its application was therefore upheld).

[256] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-3(a).