PC 286(b), 287(b), 288a(b), 289(h), (i)

PC 286(b), 287(b), 288a(b), 289(h), (i)

Offense

Sexual conduct with a minor

Aggravated Felony (AF)

See 261.5(c), (d)

Crime Involving Moral Turpitude (CIMT)

See 261.5(c), (d)

Other Removal Grounds

See 261.5(c), (d). To avoid conviction of a crime of child abuse, consider 288.3.

Advice and Comments

These offenses should have the same consequences as 261.5(c) or (d), based on the statutory age requirement for the minor that applies. Immigration penalties are far greater if the offense requires a minor under age 16 than if it requires a minor under age 18. Offenses such as 286(b)(1), 287(b)(1), and 289(h) require a minor under age 18 and are the better options.

2020-10-22T21:37:52+00:00Updated January 29th, 2020|