See also Lewdness, § 9.100.

 

Indecent exposure has been held NOT to involve moral turpitude.

 

Matter of Mueller, 11 I. & N. Dec. 268 (BIA 1965) (conviction of lewd and lascivious conduct by unlawfully, publicly and indecently exposing sex organ in violation of § 944.20(2) of the Wisconsin Statutes held not to be a crime involving moral turpitude, since no criminal intent was required, merely the conscious doing of one of the following acts: (1) commits an indecent act of sexual gratification with another with knowledge that they are in the presence of others; or  (2) publicly and indecently exposes a sex organ; or  (3) openly cohabits and associates with a person he knows is not his spouse under circumstances that imply sexual intercourse);

Matter of H, 7 I. & N. Dec. 301 (BIA 1956) (conviction of indecent exposure under § 28.567 (1) of the Michigan Statutes, Annotated (§ 335a, Michigan Penal Code), does not involve moral turpitude, since the statute does not require a specific intent and a person may be convicted, under the language of the statute, even though he has acted through negligent disregard of the presence of another person and the exposure was occasioned by physical necessity), overruling Matter of R, 2 I. & N. Dec. 633 (BIA 1946);

 

Gross indecency has been held to involve moral turpitude.[201]

 

Marinelli v. Ryan, 285 F.2d 474 (2d Cir. 1961) (conviction of indecent assault, committed by mature man on boy under 16, with sexual intent);

Toutounjian v. INS, 959 F.Supp. 598 (W.D.N.Y. 1997) (conviction of criminal indecency under Canada Criminal Code § 173(1)(a) for grabbing woman on her buttocks did not necessarily involve moral turpitude);

Matter of S, 8 I. & N. Dec. 409 (BIA 1959) (conviction of violation of § 338, Michigan Penal Code, gross indecency, held to involve moral turpitude despite absence of statutory definition of the crime);

Matter of H, 7 I. & N. Dec. 359 (BIA 1956) (conviction of gross indecency by any male with another male, in violation of Canada Criminal Code § 206 is a crime involving moral turpitude; while “gross indecency” is not defined in the statute and the record of conviction does not specify the misconduct, the reported cases in Canada involving § 206 fail to show any instance where a conviction occurred under a set of facts which would not have involved moral turpitude);

Matter of S, 5 I. & N. Dec. 576 (BIA 1953) (conviction of gross indecency in violation of § 338 of the Public Acts of Michigan (1931) may or may not involve moral turpitude, but where the record of conviction, upon which a determination of moral turpitude must be based, does not contain sufficient information upon which to determine the moral obloquy of the crime, a finding of moral turpitude may not be made), citing Matter of C, 5 I. & N. Dec. 65 (BIA 1953);

Matter of K, 3 I. & N. Dec. 575 (BIA 1949) (conviction of solicitation to commit sodomy);

Matter of J, 2 I. & N. Dec. 533 (BIA 1946);

Matter of Z, 2 I. & N. Dec. 316 (BIA 1945) (since, for want of a definition of the term “gross indecency,” by a male with a male, it may not be concluded that every offense under Canada Criminal Code § 206 involves moral turpitude, and the record affords no aid in ascertaining the noncitizen’s conduct in the particular instance, it may not be concluded that the offense of which the appellant was convicted involves moral turpitude).

[201] 9 U.S. Dep’t of State, Foreign Affairs Manual (FAM) § 40.21(a) N.2.3-3(a).

Third Circuit

CRIME OF MORAL TURPITUDE - SEX OFFENSES - INDECENT ASSAULT
Mehboob v. Attorney General, 549 F.3d 272 (3d Cir. Nov. 26, 2008) (Pennsylvania conviction of indecent assault, under 18 Pa. Cons.Stat. 3126(a)(8), for touching the breast of a 15-year-old child, a strict liability offense, is a crime involving moral turpitude, because the offense combines a reprehensible act with deliberate conduct).