PC 417.26

PC 417.26

Offense

Unlawful laser activity

Aggravated Felony (AF)

Not a COV

Crime Involving Moral Turpitude (CIMT)

Not categorically a CIMT; see Advice

Other Removal Grounds

No other removal ground.

Advice and Comments

CIMT: Ninth Cir held that violating 417.26 by using a laser pointer, at least, is not a CIMT.1Coquico v. Lynch, 789 F.3d 1049, 1050 (9th Cir. 2015) (misdemeanor unlawful laser activity under Pen C § 417.26 is not a categorical crime involving moral turpitude because it can be violated by conduct that resembles non-turpitudinous simple assault and has little similarity to a terrorizing threat. To be sure to avoid a CIMT, plead to use of a laser pointer.

For prior convictions where this was not done, immigration counsel may argue the statute is indivisible between laser pointers and other items.

2020-05-19T18:45:47+00:00Updated January 29th, 2020|