Criminal Defense of Immigrants



 
 

§ 20.9 2. Varieties of Criminal Intent

 
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Offenses with certain criminal intents have generally been held not to be crimes of moral turpitude: strict liability, general intent, intent to break the law, negligence, willfulness or knowledge, and intent to commit an offense that itself is not a CMT.  Sometimes, offenses with the intent requirements of malice and gross negligence are safe, and sometimes not.  Recklessness has generally been found sufficient to constitute a crime of moral turpitude.

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Third Circuit

CRIMES OF MORAL TURPITUDE " FAILURE TO REGISTER AS A SEX OFFENDER
Totimeh v. Attorney General, 666 F.3d 109 (3d Cir. Jan. 12, 2012) (Minnesota conviction of failure to register as a sex offender, in violation of Minn. Stat. 243.166.5, defined the offense as knowingly violat[ing] any of [the statutes] provisions or intentionally provid[ing] false information, is not a crime of moral turpitude, since it is a regulatory offense designed to assist law enforcement, and does not regulate a crime that of itself is inherently vile or intentionally malicious.); following Efagene v. Holder, 642 F.3d 918 (10th Cir. 2011) (Colorado conviction of failure to register as a sex offender, is not a CIMT).

 

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