Abbreviated WA Immigration Consequences Chart - National Legal ...

LAST UPDATED 11/2006 

QUICK REFERENCE CHART FOR DETERMINING 

IMMIGRATION CONSEQUENCES OF 

SELECTED WASHINGTON STATE OFFENSES 

UNDER THE RCW 

_____________________________________________________ 

BY ANN BENSON & JONATHAN MOORE 

WASHINGTON DEFENDER ASSOCIATION’S 

IMMIGRATION PROJECT 

810 THIRD AVENUE, SEATTLE, WA 98104 

WWW.DEFENSENET.ORG 

1

An RCW Quick Reference Chart 

A. How to Use This Chart 

The chart contained in this section provides a distilled analysis of the immigration 

consequences of selected criminal offenses listed under RCW Titles 9, 9A, 26, 46 and 69. 

Each offense has been analyzed under current, controlling immigration law. The chart is 

organized numerically by code section. 

In using this chart, please remember the following: 

• Need for Individual Analysis: This chart and notes are a summary of a 

complex body of law. They are intended to be consulted on-line or printed 

out and carried to courtrooms and client meetings for quick reference. 

However, a more thorough individual analysis of a noncitizen defendant’s 

immigration situation is required to give competent defense advice. For 

more assistance please contact the WDA’s Immigration Project and/or see 

Appendix B: Additional Resources. 

• Providing Feedback About the Chart: Contact us if you disagree with an 

analysis, see a relevant new case, want to suggest other offenses to be 

analyzed or propose other alternate “safer” pleas or provide any other 

feedback about the chart. Send emails to: defendimmigrants@aol.com and 

jonathan@defensenet.org 

• Additional Online Analysis: Please go to WDA’s website at 

www.defensenet.org, for additional, in-depth analysis on the crimes listed in 

this chart. 

1. The Chart—An Overview 

The chart contained in this section provides a distilled immigration analysis of each of 

the criminal offenses listed under Titles 9, 9A, 46 and 69 of the Revised Code of 

Washington. Each offense has been analyzed under current, controlling immigration 

law. 

The chart divides the relevant crime-related immigration provisions into three 

categories: 

• Aggravated Felony 

• Crime of Moral Turpitude 

• Other Grounds 

The chart then indicates the likelihood that an offense would be deemed to be an 

aggravated felony, crime of moral turpitude and/or some other specified crime-related 

ground under immigration law. 

2

For more detailed information on aggravated felonies, crimes involving moral turpitude 

and other grounds of deportation and inadmissibility, please see Part One, supra. The 

analysis contained in those chapters provides critical supplemental information in 

determining the immigration consequences in a given case. 

2. Reading the Chart 

Columns one and two indicate the code section and title of the RCW offense. 

The analysis under columns three, four and five is broken down into five possible 

classifications: 

1. YES—The immigration statute and/or caselaw clearly deem this offense to constitute 

an aggravated felony or crime of moral turpitude and/or whatever additional 

grounds are identified under column 5. 

2. LIKELY—The immigration statute and/or caselaw may not be directly on point or 

clearly indicate that this offense is an aggravated felony, crime of moral turpitude, 

etc. However, analyzed in the context of relevant immigration caselaw, the offense 

is likely to be deemed as such by INS and/or the immigration courts. 

3. POSSIBLE—The immigration statute and/or caselaw are unclear as to whether this 

offense would constitute an aggravated felony, crime of moral turpitude, etc., and 

there are unresolved legal issues both for and against such classification. Such a 

designation may be avoidable, depending upon such factors as how defense counsel 

structures a plea agreement or which particular prong of the offense defendant is 

convicted under. 

4. NOT LIKELY—The immigration statute and/or caselaw may not be directly on point 

or clearly indicate that this offense is not an aggravated felony, crime of moral 

turpitude, etc. However, analyzed in the context of relevant immigration caselaw, 

the offense is not likely to be deemed as such by INS and/or immigration courts. 

5. NO—The statute and/or caselaw clearly indicate that this offense is not an 

aggravated felony, crime of moral turpitude, etc. 

3

3. Table of Abbreviations 

CS = Controlled Substance Violations under the grounds of inadmissibility and the 

grounds of deportability; 

P = Prostitution offenses under the grounds of inadmissibility (NOTE: these offenses 

are not a specific ground of deportability); 

T = Security and Terrorism offenses under the grounds of inadmissibility and the 

grounds of deportability; 

DV = Domestic violence offenses under the grounds of deportability. (NOTE: these 

offenses are not a specific ground of inadmissibility although some DV offenses are 

crimes of moral turpitude); 

CAC = Crimes against children offenses under the grounds of deportability. (NOTE: 

these offenses are not a specific ground of inadmissibility); 

PV = Protection order violations under the grounds of deportability. (NOTE: these 

offenses are not a specific ground of inadmissibility); 

COV = Crime of Violence will constitute aggravated felonies where sentence imposed is 

one year or more and DV deportation ground where committed against a person; 

FTA = Failure to Appear offenses are aggravated felonies; 

PSP = Possession of Stolen Property offenses are aggravated felonies where one year 

or more sentence imposed; 

ROC = Record of Conviction for immigration purposes; 

SAM = Sexual Abuse of a Minor offenses are aggravated felonies regardless of 

sentence; 

Firearms = Firearms offenses under the grounds of deportability. (NOTE: these 

offenses are NOT a specific ground of inadmissibility although some DV offenses are 

crimes of moral turpitude); 

RTB = Reason to Believe the person has been involved in drug trafficking or has aided 

those involved in drug trafficking. (NOTE: this is a ground of inadmissibility, not 

deportability and does not require a conviction.) 

4

B. The RCW Quick Reference Chart for Determining 

Immigration Consequences of Selected Washington State 

Offenses 

RCW Section: Offense: Aggravated Felony (AF): Crime 

Involving 

Moral 

Turpitude 

(CIMT): 

9.35.020 

Class C Felony 

9.40.120 

Felony 

9.41.040(1)(a) 

Class B Felony 

9.41.040(1)(b) Class 

C Felony 

9.41.050 

Simple Misdemeanor 

9.41.140 


9.41.170 


9.41.190 


9.41.225 

Class A Felony 

Identity Theft Fraud: Yes if loss to victim = 

$10k or more. 

Theft & Forgery: Yes if 

sentence imposed = 1 year 

or more. 

Incendiary devices 

First Degree Unlawful 

Possession of Firearms- 

Ownership, possession by 

certain persons 

Second Degree Unlawful 

Possession of Firearms- 

Ownership, possession by 

certain persons 

Carrying Firearms 

Alteration of Identifying 

marks: 1) “No person may 

change, alter, remove, or 

obliterate the name of the 

maker, model, 

manufacturer's number, or 

other mark of identification 

on any firearm. 2) 

Possession of any firearm 

upon which any such mark 

shall have been changed, 

altered, removed, or 

obliterated, shall be prima 

facie evidence that the 

possessor has changed, 

altered, removed, or 

obliterated the same.” 

Alien's license to carry 

Firearms 

Unlawful Firearms 

Use of a machine gun in 

felony. 

Explosives: Likely 

Firearms: No 

Firearms Trafficking: No 

Firearms: Likely 


Firearms: Possibly 

(may depend on nature of 

predicate conviction.) 


Firearms: No 


Firearms: Possibly 


Firearms: No 

Firearms Trafficking: 

Possible 

Firearms: Yes 

COV: Yes if sentence 

imposed = 1 year. 

Firearms: Likely 

Likely 

Possible 

No 

No 

No 

Not Likely 

No 

No 

Possible 

Other Grounds 

No 

Firearms: Possible 

Firearms: Yes 

Firearms: Yes 

Firearms: Yes 

Firearms: Yes (NOTE: 

conviction under the 

second sentence of 

statute is definitely 

deportable; but the 1 st 

sentence includes 

some conduct outside 

the removal statute.) 

Firearms: Yes 

Firearms: Yes 

Firearms: Yes


Involving 

Moral 

Turpitude 

(CIMT): 

9.41.230 

Gross Misdemeanor 

9.41.250 


9.41.260 


9.41. 270 


9.41.280 


9.46.195 


9.58.110 


9.61.230(1) 


Aiming or Discharging 

Firearms, Dangerous 

Weapons 

Dangerous Weapons 

Dangerous Exhibitions 

Weapons apparently 

capable of producing 

bodily harm -- Unlawful 

carrying or handling 

Possessing Dangerous 

Weapons on School 

Facilities 

(S)Obstruction of public 

servant “No person shall 

intentionally obstruct or 

attempt to obstruct a public 

servant in the 

administration or 

enforcement of this chapter 

by using or threatening to 

use physical force or by 

means of any unlawful act.” 

COV: Possibly 


Firearms: No 



COV: Possibly if sentence 



Firearms: No 

Firearms Trafficking: No; 

Firearms: No 

COV: Possibly if sentence 




COV: No, because 1 year 

sentence is not possible for 

simple misdemeanor. 

Obstruction: No, because 1 

year sentence is not possible 

for simple misdemeanor. 

Possibly 

No 

No 

Possibly 

No 

Not likely, 

but possible, 

if force is 

method of 

obstructtion. 

Better 

to leave 

“unlawful 

act” unspecified. 

Slander of woman No No No 

Other Grounds 

Firearms: Yes, if ROC 

shows weapon was 

gun. 

DV: likely if ROC 

shows relationship to 

victim. 

Firearms: Likely, if 

ROC shows weapon 

was gun under §2 or 

silencer under §3. 

Firearms: Likely if 


was gun. 

Firearms: Possibly, if 


was gun. 

DV: Likely if ROC 


victim. 


shows conviction for 

gun under 

9.41.280(1)(a). 

No 

Telephone harassment No Possible DV: Possible if ROC 

shows conviction under 

§(1)(c) threat is 

against a person & 

ROC shows 

relationship to victim.


Involving 

Moral 

Turpitude 

(CIMT): 

9.61.230(2)(a) 


9.61.230(2)(b) 


9.61.240050 


9.68.060 

Class B 

Felony/Gross 

Misdemeanor/ 


9.68.130050 


9.68.140 


9.68A.040 


9.68A.050 


9.68A.060 


9.68A.070 


9.68A.080(1) 


9.68A.090 

Felony/Gross 

Misdemeanor 

9.68A.100 

Other Grounds 

Telephone harassment No No DV: Possible if ROC 

shows conviction 

based on § (1)(c) 

threat is against a 

person; and if ROC 


victim. 

Telephone harassment COV: Likely if sentence Likely DV: Yes if ROC shows 

imposed = 1 year or more. 

relationship to victim. 

Telephone harassment -- No Possible No 

Permitting telephone to be 

used 

"Erotic material" Child Porn: Not Likely Not likely No 

"Sexually explicit material" Child Porn: Not Likely No No 

Promoting pornography Child Porn: Not Likely Possible No 

Sexual exploitation of a 

minor 

Dealing in depictions of 

minor engaged in sexually 

explicit conduct 

Sending, bringing into state 

depictions of minor 

engaged in sexually explicit 

conduct 

Possession of depictions of 



(Failure to engage in) 

Reporting of depictions of 



Communication with minor 

for immoral purposes 

Patronizing juvenile 

prostitute 

SAM: Likely 

COV: Likely, if ROC shows 

it’s under §(1)(a) & if 


or more. 

Child Porn: Yes 

SAM: Likely 


Likely 

Likely 

CAC: Yes 

CAC: Likely 

Child Porn: Yes Likely CAC: Likely 

SAM: Possible 


Likely 

CAC: Possible 

Child Porn: Possible Possible CAC: Possible 

SAM: Possible. If ROC is 

kept to minimum statutory 

language, will not be SAM. 

Likely CAC: Possible 

SAM: Possible Likely CAC: Possible


Involving 

Moral 

Turpitude 

(CIMT): 

9.91.060 


Leaving children 

unattended in parked 

automobile 

Other Grounds 

No No CAC: Possible 

9.91.140 Food stamps--Unlawful No No No 

sale. 

9.91.142 

Food stamps -- Trafficking. No Possible No 

Class C 

Felony/Gross 

Misdemeanor 

9A.28.010 

Felony 

9A.28.020 

Felony/Simple 

Misdemeanor/Gross 

Misdemeanor 

9A.28.030 

Felony/Simple 

Misdemeanor/ Gross 

Misdemeanor 

9A.28.040 

Felony/ Simple 

Misdemeanor/ 


9A.32.030 


9A.32.050 


9A.32.055 


9A.32.060 


9A.32.070 


Attempt, solicitation, or 

conspiracy based on 

felonies defined outside 

Title 9A RCW 

Criminal attempt 

Criminal solicitation 

Criminal conspiracy 

Attempt & Conspiracy: 

Yes if underlying offense is 

AF. But see section on 

solicitation, which is distinct 

from underlying offense. 

Attempt: Yes if underlying 

offense is AF. 

Not AF. (NOTE: Solicitation 

to deliver or possess drugs is 

NOT an AF under (B) Drug 

Trafficking or (U) Attempt/ 

Conspiracy.) 


Yes if underlying offense is 

AF. 

Yes, if 

underlying 

offense is 

CIMT 

Yes, if 

underlying 

offense is 

CIMT 

Possible, if 

underlying 

offense is 

CIMT; or if 

Courts were 

to rule 

solicitation is 

itself a CIMT 

Yes if 

underlying 

offense is 

CIMT 

Likely if underlying 

offense is removable 

offense. But see 

section on solicitation, 

which is distinct from 

underlying offense. 



offense. 

CS: No 

RTB: Possible if drugrelated. 



offense. 

Murder in the first degree Murder: Yes Yes DV: Likely if ROC 


victim. 

Murder in the second 

degree 

Murder: Yes Yes DV: Likely if ROC 


victim. 

Homicide by abuse Murder: Yes Yes DV: Likely if ROC 


victim. 

Manslaughter in the first 

degree 

Manslaughter in the second 

degree 

COV: Likely if sentence 

imposed = 1 yr or more. 

COV: Possible if ROC 

indicates use of force and 


or more. 

Yes 

No 



victim. 

DV: Possible if ROC 


victim.


Involving 

Moral 

Turpitude 

(CIMT): 

9A.36.011 


9A.36.021 


9A.36.031(1)(a) 


9A.36.031(1)(b) 


9A.36.031(1)(c) 


9A.36.031(1)(d) 


9A.36.031(1)(e) 


9A.36.031(1)(f) 


9A.36.031(1)(g) 


9A.36.031(1)(h) 


9A.36.041 


9A.36.045 


9A.36.050 


Assault in the first degree 

Assault in the second 

degree 

Assault in the third 

degree—1(a) 


degree—1(b) 


degree—1(c) 

Assault in the third degree 

“by means or a weapon or 

other instrument”– 1(d) 


degree—1(e) 


degree—1(f) 


degree—1(g) 


degree—1(h) 

Assault in the fourth degree 

Drive-by shooting 

Reckless endangerment 






Firearms: No 

COV: Likely if ROC shows 

use of force & sentence 


Obstruction of Justice: 

Possible if sentence imposed 

= 1 year or more. 







COV: if ROC shows 


or more-- Not Likely 


Firearms: No 




Yes 

Yes 

Likely 

Possible 

Possible 

Not Likely 

Possible 

COV: No No DV: No 







COV: Yes, if ROC shows use 

of force and sentence 




COV: Unlikely, but possible if 


or more. 

Possible 

Possible 

No. 

Yes 

Likely 

Other Grounds 

Firearms: Yes, if used 

gun under § (1)(a). 



victim. 

Firearms: Yes if ROC 


gun. 

DV: Yes if ROC shows 


No 

No 

No 

DV: No. 



gun. 

No 

No 

No 

DV: Yes, if ROC shows 

use of force and 


Firearms: Yes. 

DV: Yes, if ROC shows 




victim.


Involving 

Moral 

Turpitude 

(CIMT): 

9A.36.070 


9A.36.080 


9A.36.120 


9A.36.130 


9A.36.140 


9A.36.150 


9A.40.020 


9A.40.030 


9A.40.040 


Coercion 

Malicious harassment 

Assault of a child in the first 

degree 

Assault of a child in the 

second degree 

Assault of a child in the 

third degree 

Interfering with the 

reporting of domestic 

violence 

Kidnapping in the first 

degree 

Kidnapping in the second 

degree 

Unlawful imprisonment 



UNLESS conviction under § 

(2)(b) for a threat defined in 

9A.04.110(25), e.g., §§ (e) 

and (f) that doesn’t require 

the use of force. 



(Possible defense where ROC 

shows that threat to harm or 

injure was by a means not 

requiring or involving 

use/threat of force.) 



SAM: No but possible if 

w/sex. motive. 


imposed = 1 year or more; 



COV: Not likely; 



COV: Yes if interference 

involved use/threat of force 

and sentence imposed = 1 

year or more. 



= 365 suspended. 



Ransom: Possible 



(H)Ransom: Not likely 

COV: Likely, if ROC shows 

violence and sentence 


Ransom: Not likely 

Possible 

Likely 

Yes 

Yes 

No 

Likely 

Yes 

Likely 

Not likely 

Other Grounds 



victim, UNLESS 

conviction under § 

(2)(b) for a threat 

defined in 

9A.04.110(25), e.g., §§ 

(e) and (f) that doesn’t 

require use of force. 



victim EXCEPT a 

conviction under 

(1)(b), for property 

damage only. 



CAC: Yes 



CAC: Yes 

DV: No 

CAC: Yes 

DV: Yes if interference 

involved use/threat of 

force against person. 



victim. 

T: Possible 



victim. 



victim and use of 

force.


Involving 

Moral 

Turpitude 

(CIMT): 

9A.40.090 


9A.42.020 


9A.42.030 


9A.42.060 


9A.42.070 


9A.42.080 


9A.44.040 


9A.44.050 


9A.44.060 


9A.44.073 


9A.44.076 


9A.44.079 


Luring 

Criminal mistreatment in 

the first degree 

Criminal mistreatment in 

the second degree 

Abandonment of a 

dependent person in the 

first degree 



second degree 



third degree 

Rape in the first degree 

Rape in the second degree 

Rape in the third degree 

Rape of a child in the first 

degree 

Rape of a child in the 

second degree 

Rape of a child in the third 

degree 

COV: Not likely (but clearly 

not where sentence imposed 

is < 1 year.) 



is < 1 year.) 



is < 1 year.) 

COV: Not likely unless ROC 

shows use/threat of force 

and sentence imposed is 1 yr 

or more. 




or more. 




or more. 

Rape: Yes 



Rape: Yes 



Rape: Yes 



Rape & SAM: Yes 



Rape & SAM: Yes 



Rape & SAM: Likely 

COV: Possible if sentence 


Likely 

Yes 

Yes 

Yes 

Yes 

Possible 

Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Other Grounds 

CAC: Yes where ROC 

shows victim is a 

minor. 

CAC: Yes 

DV: Not likely since no 

use/threat of force 

required. 

CAC: Yes 

DV: Not likely unless 

ROC shows use/threat 

of force. 



of force. 

CAC: If ROC shows 

victim is minor. 



of force. 





of force. 





victim. 







CAC: Yes 



CAC: Yes 



CAC: Yes


Involving 

Moral 

Turpitude 

(CIMT): 

9A.44.083 


9A.44.086 


9A.44.089 


9A.44.093 


9A.44.096 


9A.44.100 


9A.46.040 


9A.46.080 


9A.46.110 

Class C 

Felony/Gross 

Misdemeanor 

9A.48.020 


Child Molestation in the first 

degree 

Child Molestation in the 

second degree 

Child Molestation in the 

third degree 

Sexual misconduct with a 

minor in the first degree 

Sexual misconduct with a 

minor in the second degree 

Indecent liberties 

SAM: Yes 


imposed = 1 year or more & 

ROC shows use of force. 

SAM: Yes 


imposed = 1 year or more 

and ROC shows use of force. 

SAM: Yes 



and ROC shows use of force. 

SAM: Likely 



ROC shows use of force. 

SAM: Likely 



ROC shows use of force . 

SAM: Possible, if ROC shows 

victim was minor. 



Yes 

Yes 

Yes 

Yes 

Yes 

Yes 

Other Grounds 

Court-ordered requirements 

upon person charged with 

crime -- Violation 

No Possible PV: Yes 

Order restricting contact No Possible PV: Yes 

Stalking 

Arson in the first degree 



and where ROC shows 

use/threat of force. 



= 1 year or more if (5)(f) 



Likely 

Yes 



victim & use of force. 

CAC: Yes 




CAC: Yes 




CAC: Yes 




CAC: Yes 




CAC: Yes 



victim. 

Stalking crimes are 

specific ground of 

deportation. 

PV: Yes if Sec. 5(a) or 

(b). 

DV: Unlikely even with 

relationship to victim 

since this only covers 

property damage and 

not violence “against a 

person.”


Involving 

Moral 

Turpitude 

(CIMT): 

9A.48.020 


9A.48.020 


9A.48.050 


9A.48.070 


9A.48.080 


9A.48.090 

Gross 

Misdemeanor/Simpl 

e Misdemeanor 

9A.52.020 


9A.52.025 


9A.52.030 


9A.52.070 


9A.52.080 


Arson in the Second degree 

Reckless burning in the first 

degree 

Reckless burning in the 

second degree 

Malicious mischief in the 

first degree 


second degree 


third degree 

Burglary in the first degree 

Residential burglary 

“with intent to commit a 

crime against a person or 

property therein, the person 

enters or remains 

unlawfully in a dwelling 

other than a vehicle” 

Burglary in the second 

degree 

Criminal trespass in the first 

degree 

Criminal trespass in the 

second degree 








imposed = 1 yr or more & 

ROC shows use/ threat of 

force. 




force. 




force. 

COV & Burglary: 

Yes if sentence imposed = 1 

year or more. 

COV & Burglary: Yes if 


or more. 

COV & Burglary: Yes if 


or more. 

Yes 

Yes 

Yes 

No 

No 

No 

Likely 

Likely 

Likely, 

unless ROC 

reflects 

crime of 

intent was 

not itself a 

CIMT (e.g.: 

Mal. 

Mischief) 

No Not likely No 

No Not likely No 

Other Grounds 

DV: Unlikely even with 

relationship to victim 

since this only covers 

property damage and 

not violence “against a 

person”. 

DV: Not likely since 

this is property crime. 











victim. 



victim; esp. if intended 

crime is one “against 

person” not property 

crime. 



victim esp. if intended 

crime is one “against 

person.”


Involving 

Moral 

Turpitude 

(CIMT): 

9A.52.095 


9A.52.100 


9A.56.030 


9A.56.040 


9A.56.050 


9A.56.060 


/Gross Misdemeanor 

9A.56.070 


Vehicle prowling in the first 

degree 

Vehicle prowling in the 

second degree 

Theft in the first degree -- 

Other than firearm 

Theft in the second degree 

-- Other than firearm 

Theft in the third degree 

Unlawful issuance of checks 

or drafts 

Taking motor vehicle 

without permission in the 

first degree 

COV: No 

Theft/Burg: Possible if 


or more. 

COV & Theft/Burg: No 

Theft: Yes if sentence 


however theft of services or 

labor is not an aggravated 

felony under this ground. 











Laundering: Possible if loss 

to victim = $10k or more. 



(M) Fraud: Yes if loss to 

victim = $10k or more. 



Possible, 

unless ROC 

reflects 

crime of 

intent was 

not itself a 

CIMT (e.g., 

Mal. 

Mischief) 

Possible; 

unless ROC 

reflects 

crime of 

intent was 

not itself a 

CIMT (e.g., 

Mal Mischief) 

Yes 

Yes 

Yes 

Yes 

Yes 

Other Grounds 

No 

No 

No 

No 

No 

No 

No


Involving 

Moral 

Turpitude 

(CIMT): 

9A.56.075 


9A.56.150 


9A.56.160 


9A.56.170 


9A.56.200 


9A.56.210 


9A.56.300 


9A.56.310 


9A.60.020 


9A.64.020 

Class B,C Felony 

9A.72.020 


9A.72.030 


Taking motor vehicle 

without permission in the 

second degree 

Possessing stolen property 

in the first degree 


in the second degree 


in the third degree 

Robbery in the first degree 

Robbery in the second 

degree. 

Theft of a Firearm 

Possessing a Stolen Firearm 

Forgery 

Incest 

Perjury in the first degree 

Perjury in the second 

degree 

Theft: Possible if sentence 


unless ROC shows ‘intent to 

deprive’ was de minimis; 

also, if offense is restricted to 

“driv[ing] away’ or voluntarily 

“riding in” a car, it may not 

amount to the requisite 

minimum or temporary 

“taking”. 

PSP: Yes if sentence 








Theft/Burg: Yes if sentence 




Theft/Burg: Yes if sentence 





Firearms: No 





Forgery: Yes if sentence 


Fraud: Likely if loss to victim 

= $10k or more. 

Rape/SAM: Likely; 



Obstruction: Yes if 


or more. 

Obstruction: Possible if 


or more. 

Possible; 

however 

taking 

without 

intent to 

permanently 

deprive 

(“joyriding”) 

may not be 

a CIMT 

Yes 

Yes 

Yes 

Yes 

Yes 

Likely 

Yes 

Yes 

Yes 

Yes 

Yes 

Other Grounds 

No 

No 

No 

No 

Firearms: Likely if 

ROC shows weapon is 

firearm. 

No 

Firearms: Yes 

Firearms: Yes 

No 

CAC: Yes if ROC 

shows minor victim. 

DV: Possible 

No 

No


Involving 

Moral 

Turpitude 

(CIMT): 

9A.72.110 


9A.72.120 


9A.76.020 


9A.76.040 


9A.76.070 

Class C 

Felony/Gross 

Misdemeanor 

9A.76.080 

Gross Misdemeanor/ 


9A.76.090 


9A.76.170 

Class A,B,C Felony/ 


9A.76.175 

Intimidating a witness 

Tampering with a witness 

Obstructing a law 

enforcement officer 



or more. 



and ROC shows use/threat of 

force. 



or more. 

COV: Not likely 



or more. 

COV: No 

Yes 

Likely 

Possible 

Resisting arrest No. No No 

Rendering criminal 

assistance in the first 

degree 


assistance in the second 

degree 


assistance in the third 

degree 

Bail jumping 

Making a false or 

misleading statement to a 

public servant 

Obstruction: Possible if 


or more. 


imposed = 1 year or more; if 

ROC shows use or threat of 

force under §(4) or §(6). 



or more. 



and probably only if ROC 

shows use or threat of force 

under §(4) or §(6). 

Likely 

Likely 

Other Grounds 

No 

No 

No 


only if ROC shows 

weapon used per §(6) 

was a firearm. 



weapon used per §(6) 

was a firearm. 

No Not likely Firearms: Possible 


weapon per §(6) was a 

firearm. 

FTA (sentence): Yes if Not likely No 

convicted of a felony offense 

punishable by 5 years or 

more. 

FTA (charges): Yes if 

charged with a felony offense 

punishable by 2 years or 

more. 

No Possible No


Involving 

Moral 

Turpitude 

(CIMT): 

9A.82.050 


9A.83.020 


9A.84.020 


9A.84.030 


9A.84.040 


9A.88.010 

Class C Felony/ 


9A.88.030 


9A.88.070 


9A.88.080 


9A.88.090 


9A.88.110 


26.50.110(1) 


26.50.110(4) 


Trafficking in stolen 

property in the 

Money laundering 

Theft/PSP: Likely if 

sentence imposed is one year 

or more. 

RICO: Possible if sentence 

of one year or more may be 

imposed. 

Trafficking in vehicles: 


= 1 year or more. 

Laundering: Yes if loss to 


Yes 

Possible 

Failure to disperse No No No 

Disorderly conduct No No No 

Other Grounds 

False reporting 

COV: Not likely, but ensure Not Likely No 

sentence of


Involving 

Moral 

Turpitude 

(CIMT): 

26.50.110(5) 


46.52.010 

Simple Misdeamnor 

46.52.020 

Class B, C 

Felony/Gross 

Misdemeanor 

46.6.1.015 


46.61.020 


46.61.022 


46.61.024 


46.61.500 


46.61.502 


46.61.503 


46.61.504 


Violation of order 

Duty on striking unattended 

car or other property 

Duty in caseof personal 

injury or deathor damage to 

attended vehicle or 

property 

Obedience to police 

officers, flaggers, or fire 

fighters 

Refusal to give information 

to or cooperate with officer 



and ROC shows use/threat of 

force. 

Likely 

COV: No Not Likely No 

COV: No 

Likely, some 

provisions, 

e.g., 

46.52.020(2) 

involving 

only 

property 

damage are 

less likely to 

be CIMTs. 

Other Grounds 

DV: Possible where 

ROC shows requisite 

relationship. 

PV: Yes if ROC shows 

violation was for 

threats of violence, 

harassment or bodily 

injury. 

No 

COV: No Not Likely No 

COV: No 

Obstruction of Justice: No 

Possible, 

(provision of 

false info 

more likely 

to be CIMT 

than mere 

refusal). 

Not Likely 

Failure to obey officer COV: No 

Obstruction of Justice: No 

No 

Attempting to elude police COV: Likely, if sentence Likely No 

vehicle 


Reckless driving 

COV: Possible if sentence Possible No 


Driving under the influence COV: No No CS: Possible if DUI is 

for being under 

influence of cont’d 

substance. 

Driver under twenty-one 

consuming alcohol 

Physical control of vehicle 

under the influence 

No 

No No No 

COV: No No CS: Possible if DUI is 


influence of cont'd 

substance.


Involving 

Moral 

Turpitude 

(CIMT): 

46.61.520(1)(a) 


46.61.520(1)(b) 


46.61.520(1)(c) 


46.61.522(1)(a) 


46.61.522(1)(b) 


46.61.522(1)(c) 


46.61.5249 Simple 

Misdemeanor 

66.44.100 

Civil infraction 

66.44.200 


66.44.250 


66.44.270 

Section (1) 


66.44.270 

Section (2) 


66.44.290 


66.44.310 


Vehicular homicide 

“while under the influence 

of intoxicating liquor or any 

drug” 


“In a reckless manner;” 


“with disregard for the 

safety of others” 

Vehicular assault “ In a 

reckless manner and causes 

substantial bodily harm to 

another” 

Vehicular assault “while 

under the influence of 

intoxicating liquor or any 

drug… and causes 

substantial bodily harm….” 

Vehicular assault “with 

disregard for the safety of 

others and causes 

substantial bodily harm to 

another” 

Negligent driving - First 

degree 

Opening or consuming 

liquor in public place 

Sales to persons apparently 

under the influence of 

liquor 

Drinking in public 

conveyance 

Furnishing liquor to 

minors—Furnishing 

Furnishing liquor to 

minors—MIP 

Minor purchasing or 

attempting to purchase 

liquor 

Minors frequenting off-limits 

area 

Other Grounds 




substance. 

COV: Likely, if sentence Likely No 


COV: Possible, if sentence Possible No 


COV: Likely, if sentence 


Likely 




substance. 



Possible 

No No CS: Possible if under 

influence of “illegal 

drug”. 

No No No 

No 

No 

No No No 

No No No 

No 

Possible but 

unlikely 

No 

No No No 

No No No 

No No No


Involving 

Moral 

Turpitude 

(CIMT): 

9A.28.030 Criminal solicitation No. NOTE: Solicitation to 

deliver/possess drugs is NOT 

an AF under Drug Trafficking 

or Attempt/ Conspiracy. 

69.50.401(2)(a) 


69.50.401(2)(b) 


69.50.401(2)(c) 


69.50.401(2)(d) 


69.50.401(2)(e) 


69.50.4011 

Class B, C Felony 

Manufacture, deliver, or 

possess with intent to 

manufacture or deliver: 

Schedule I or II narcotic 

drug or flunitrazepam 




amphetamine or 

methamphetamine 




other controlled substance 

classified in Schedule I, II, 

or III, 



manufacture or deliver : 

substance classified in 

Schedule IV, except 

flunitrazepam 



manufacture or deliver : 

substance classified in 

Schedule V 

Counterfeit substances 

Drug Trafficking: Yes, but 

see solicitation at 9A.28.030, 

supra. 

Drug Trafficking: 

Yes, but see solicitation at 

9A.28.030, supra. 



9A.28.030, supra. 



9A.28.030, supra. 



9A.28.030, supra. 



9A.28.030, supra. See 

possible exception if limited 

to “possess” only. 

(M) Fraud: Likely if loss to 


Possible if 

underlying 

offense is 

CIMT 

Yes. 

Yes 

Yes 

Yes 

Yes 

Yes, unless 

successful in 

limiting to 

“possess.” 

Trafficking is 

a CIMT; 

simple poss. 

is not. 

Other Grounds 

CS: No 

RTB: Possible if drugrelated. 

CS: Yes, but see 

solicitation at 

9A.28.030. 

RTB: Possible 



9A.28.030. 

RTB: Possible 



9A.28.030, supra. 

RTB: Possible 



9A.28.030, supra. 

RTB: Possible 

CS: Yes; but see 


9A.28.030. 

RTB: Possible 



9A.28.030. 

RTB: Possible


Involving 

Moral 

Turpitude 

(CIMT): 

69.50.4012 


69.50.4013 


69.50.4014 


69.50.4015 


69.50.402(1)(a), 

(b),(c) 


“Burn” statute. Delivery of 

substance “in lieu of 

controlled substance.” 

Possession of controlled 

substance 

Possession of forty grams 

or less of marihuana 

Involving a person under 

eighteen in unlawful 

controlled substance 

transaction 

Unlawful distribution & 

dispense by licensed 

practioner 


Possible, despite good 

arguments to contrary; but 

see solicitation at 9A.28.03 - 

“offering for sale” should be 

equivalent to solicitation. 

Fraud: Yes if loss to victim 

= $10k or more. 

Likely 

Other Grounds 

CS: Possible, despite 

good arguments to 

contrary; but see 


9A.28.030; also 

“offering for sale” 

should be equivalent to 

solicitation. 

RTB: Possible 

Drug Trafficking: No Not likely CS: Yes, but see 


9A.28.030; or FFOA 

exception. 

RTB: Not likely 

Drug Trafficking: No Not likely CS: Yes, but see 


9A.28.030; FFOA 

exception; and 

exception for single 

offense of less than 30 

gms. 

RTB: Not likely 


Yes, but not, if limited to 

“solicit”; see solicitation at 

9A.28.030. 

COV: YES if based on 

“threaten” & if sentence = 1 

year or more. 

Yes—but if 

limited to 

“solicit” 

unclear & 

possibly not 

CS: Yes; but not, if 

limited to “solicit[ing];” 


9A.28.030. 

RTB: Possible 

Drug Trafficking: Yes Likely CS: Yes 

RTB: Likely 

69.50.402(1)(d), (e) 


69.50.402(1)(f) 


69.50.403 


69.50.406 

Class A,B Felony 

Unlawful distribution & 

dispense by licensed 

practioner 

Maintaining Place for drug 

use/sale 

Obtaining Drugs through 

prescription/registration 

fraud 

Distribution to persons 

under age eighteen. 

Drug Trafficking: Yes 

These offenses are 

analogous to 21 U.S.C. §§ 

842(a(5), and (6)). 

Drug Trafficking: Yes if for 

sale of drugs; no fed. analog 

or trafficking element if use 

only. 


Fraud or deceit: Yes if loss to 


Likely 

Likely 

Yes 

CS: Yes 

RTB: Possible 

CS: Likely 

RTB: Likely 

CS: Yes 

RTB: Yes 

Drug Trafficking: Yes Yes CS: Yes 

RTB: Yes


Involving 

Moral 

Turpitude 

(CIMT): 

69.50.407 

Felony 

69.50.410 


69.50.412(1) 


69.50.412(2) 


69.50.412(4) 


69.50.4121 


69.50.415 


69.50.416 


69.50.440 


69.52.030 


69.53.010 


Conspiracy 

Sell for profit any controlled 

substance or counterfeit 

substance” in schedule I 

Use of drug paraphernalia 

Deliver, possess with intent 

to deliver, or manufacture 

with intent to deliver drug 

paraphernalia 

Advertisement of 

paraphernalia 

Drug paraphernalia -- 

Selling or giving 

Controlled substances 

homicide 

Counterfeit substances 

prohibited 

Possession of ephedrine 

with intent to manufacture 

methamphetamine 

Manufacture, distribute, or 


distribute, an imitation 

controlled substance 

Unlawful use of building for 

drug purposes -- Liability of 

owner or manager 



Yes 

Likely 

Other Grounds 

CS: Yes 

RTB: Likely 


RTB: Yes 

(B) Drug Trafficking: Yes 

for any use of paraphernalia 

related to manufacture or 

trafficking. No, if ROC shows 

use only for personal 

ingestion, etc. 

Possible; Yes 

if linked to 

manufacture 

or trafficking 


RTB: Yes 

CS: Yes—even if just 

use. 

RTB: Likely unless 

ROC shows use only 

for personal ingestion, 

etc. 

Drug Trafficking: Yes Possible CS: Yes 

RTB: Possible 

Drug Trafficking: No No CS: No 

RTB: Possible 

Drug Trafficking: Yes Yes 

CS: Yes 

COV: Not likely 

RTB: Yes 

Drug Trafficking: Yes- both Yes 

CS: Yes 

subsections have fed. 

RTB: Likely 

analogs in the CSA: 21 U.S.C. 

§841(a)(2)&843(5) 

Fraud or deceit: Possible if 

loss to victim = $10k or more 


RTB: Yes 

Drug Trafficking: Likely - 

but good arguments to 

contrary; but see solicitation 

at 9A.28.030; also “offering 

for sale” of § (3) may be 

equivalent to solicitation; 

(M) Fraud or deceit: 

Possible, if loss to victim = 

$10k or more - likely 

Drug Trafficking: Likely but 

if 9A.28.030 solicitation is not 

possible, possible defense 

where ROC shows “storing” 

or “giving away” (vs. other 

offenses). 

Yes 

Likely 

CS: Likely despite 

good arguments to 

contrary; but see 


9A.28.030; also 

“offering for sale” of § 

(3) may be equivalent 

to solicitation. 

RTB: Likely 

CS: Likely 

RTB: Likely


Involving 

Moral 

Turpitude 

(CIMT): 

69.53.020 


69.53.030 


Unlawful fortification of 

building for drug purposes 

Unlawful use of fortified 

building 

Drug Trafficking: Likely 

Drug Trafficking: Likely but if 

9A.28.030 solicitation is not 




offenses). 

Drug Trafficking: Likely 

Drug Trafficking: Likely, but 

if 9A.28.030 solicitation is not 




offenses). 

Likely 

Yes 

Other Grounds 

CS: Likely 

RTB: Likely 

CS: Likely 

RTB: Likely

Abbreviated WA Immigration Consequences Chart - National Legal ...

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