PC 313.1

PC 313.1

Offense

Distribute, exhibit, obscene materials to a known minor, or without reasonable care to ascertain true age

Aggravated Felony (AF)

Not AF

Crime Involving Moral Turpitude (CIMT)

Should not be CIMT: no element of intent to arouse and can be based on negligent failure to ascertain age or properly shield document.1See, e.g., People v. Nakai, 183 Cal. App. 4th 499, 512 (Cal. App. 4th Dist. 2010).

Other Removal Grounds

Should not be charged as crime of child abuse. While there is no case on point, the minimum conduct is not necessarily harmful and includes failing to properly shield parts of magazines in a store or vending machine.2 See discussion in Berry v. City of Santa Barbara (1995) 40 Cal. App. 4th 1075, 1080-82.

Advice and Comments

Adam Walsh Act. Conceivably the gov’t would assert that this conviction can block a USC or LPR’s ability to immigrate family members in the future under the Adam Walsh Act. While this seems incorrect given the minor harm and mens rea of negligence, there is little recourse if the government does so and they might rely on facts outside the record. See § N.13 Convictions that Bar the Defendant from Petitioning for Family Members: the Adam Walsh Act.

2020-05-19T18:27:18+00:00Updated January 29th, 2020|