PC 591.5

PC 591.5

Offense

Tamper with cell phone to prevent contacting law enforcement

Aggravated Felony (AF)

Not AF: Not a COV (and has 6-month maximum sentence)

Crime Involving Moral Turpitude (CIMT)

Conservatively assume CIMT, but immigration counsel may argue against that.

Other Removal Grounds

Not COV so not deportable DV offense (but as always, keep ROC clear of threats, violence).

To ensure not wrongly charged as child abuse, keep minor V’s age out of ROC. See 243(a).

Advice and Comments

CIMT: There are no cases interpreting elements and defenders should conservatively assume it may be a CIMT. To more securely avoid that, consider 148(a), 243(e), 459, 591, 594.

Immigration counsel may argue against this, as a similar offense to PC 32, 136.1(b)(1).1No substantive cases define the offense. Immigration counsel may argue that this is analogous to Pen C § 32 for purposes of CIMT determination in the Ninth Circuit. It requires no violence or evil motive.

2020-05-19T19:08:47+00:00Updated January 29th, 2020|