Crimes of Moral Turpitude

Abandonment of a minor child involves moral turpitude, but only if the offense requires as essential elements willfulness of the parent and destitution of the child.[189] 

Matter of R, 4 I. & N. Dec. 192 (BIA 1950) (conviction of child abandonment in violation of § 351.30 of the Wisconsin Statutes, which penalizes willful neglect or refusal to provide for support and maintenance of his or her child under the age of 18, in destitute or necessitous circumstances, is an offense involving moral turpitude);

Matter of S, 2 I. & N. Dec. 553 (BIA 1946) (conviction of abandonment of a minor child in violation of New York Penal Law § 480 (which requires (1) an abandonment of a child under 16 years of age in destitute circumstances, (2) a failure to furnish necessary and proper food, clothing or shelter, for such child, and (3) that said omission be willful), is a crime involving moral turpitude). 

Conversely, moral turpitude is not involved if these elements are absent.

Matter of E, 2 I. & N. Dec. 134 (BIA, AG 1944) (conviction of nonsupport, in violation of § 13008 of the Ohio General Code, is not a crime involving moral turpitude, since the statute is so framed that an individual may be convicted thereunder where he has acted in good faith and with honest motives, where the child is not in destitute circumstances, is not in need of the support of the father, has not become and is not likely to become a public charge, and where the health or the life of the child has not been impaired);

Matter of H, 1 I. & N. Dec. 459 (BIA 1943) (failure of a parent to supply necessaries for his minor children in violation of Canada Criminal Code § 242(3) is not a crime involving moral turpitude);

Matter of Y, 1 I. & N. Dec. 137 (BIA 1941) (failure to provide for a minor child in violation of California Penal Code § 270 does not involve moral turpitude, since liability was not avoided even if another person was supporting the child, and the record of conviction did not clarify the nature of the crime committed).

[189] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-3(a).