PC 272

PC 272

Offense

Contribute to the delinquency of a minor

Aggravated Felony (AF)

Not AF, although as always try to keep ROC free of lewd acts

Crime Involving Moral Turpitude (CIMT)

Not CIMT1See, e.g., Matter of V. T., 2 I&N Dec. 213, 216-17 (BIA 1944), holding that the predecessor statute, Cal W&I C § 702, is not a CIMT because it includes a wide range of conduct that is not turpitudinous.

Other Removal Grounds

Should not be deportable child abuse because it includes mild conduct, but there is no precedent. See Advice.

Advice and Comments

Because PC 272 can involve exposing minor to only mild harm, it does not meet the BIA’s definition of child abuse.2In Matter of Soram, 25 I&N Dec. 378 (BIA 2010) the BIA did not provide a definition of child abuse, but it stated that a Colorado child endangerment statute is a crime of child abuse because the defendant must have recklessly, unreasonably, and without justifiable excuse placed a child where there was a “reasonable probability” that the child “will be” injured, meaning a threat to the child’s life or health, even if the child was not actually harmed. Conversely, the BIA has stated that Pen C § 273a(b) is not a deportable crime of child abuse because the minimum conduct to commit the offense does not require a sufficiently high likelihood that harm will result. Matter of Mendoza Osorio, 26 I&N Dec. 703, 710 (BIA 2016). Penal C § 272, like Pen C § 273a(b) does not require a likelihood that harm will result. See CALCRIM 2980. Penal Code § 272 has been used to, e.g., prosecute the sale of liquor to a minor without requiring ID. People v. Laisne, 163 Cal. App. 2d 554 (Cal. App. 3d Dist. 1958).

While this is a good alternative to more harmful offenses involving a minor, to be sure to avoid a crime of child abuse, plead to an age-neutral offense.

Adam Walsh Act. If V is a minor and sex was involved, it’s possible that a conviction can prevent a USC or LPR from immigrating family members in the future. See § N.13 Convictions that Bar the Defendant from Petitioning for Family Members: the Adam Walsh Act.

2020-05-19T18:01:38+00:00Updated January 29th, 2020|