quick reference chart and annotations for determining immigration ...
quick reference chart and annotations for determining immigration ...
quick reference chart and annotations for determining immigration ...
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Immigrant Legal Resource Center, Florence Immigrant <strong>and</strong> Refugee Rights Project,<br />
Maricopa County Public Defender August 2012<br />
28. Voyeurism, ARS § 13-1424<br />
A. It is unlawful to knowingly invade the privacy of another person without the knowledge of the other<br />
person <strong>for</strong> the purpose of sexual stimulation.<br />
B. It is unlawful <strong>for</strong> a person to disclose, display, distribute or publish a photograph, videotape, film or<br />
digital recording that is made in violation of subsection A of this section without the consent or<br />
knowledge of the person depicted.<br />
C. For the purposes of this section, a person's privacy is invaded if both of the following apply:<br />
1. The person has a reasonable expectation that the person will not be photographed, videotaped, filmed,<br />
digitally recorded or otherwise viewed or recorded.<br />
2. The person is photographed, videotaped, filmed, digitally recorded or otherwise viewed, with or<br />
without a device, either:<br />
(a) While the person is in a state of undress or partial dress.<br />
(b) While the person is engaged in sexual intercourse or sexual contact.<br />
(c) While the person is urinating or defecating.<br />
(d) In a manner that directly or indirectly captures or allows the viewing of the person's genitalia, buttock<br />
or female breast, whether clothed or unclothed, that is not otherwise visible to the public.<br />
Crime Involving Moral Turpitude (CMT): Maybe. Many offenses with the element of<br />
lewdness or sexual gratification are held to be a crime involving moral turpitude. Matter of Alfonso-<br />
Bermudez, 12 I&N Dec. 225 (BIA 1967). Since Voyeurism requires that the offense be committed “<strong>for</strong><br />
the purpose of sexual stimulation,” criminal defense counsel should assume that it will be found to<br />
involve moral turpitude.<br />
Aggravated Felony: If the record of conviction establishes that the victim was a minor, the<br />
government may charge the offense as an aggravated felony <strong>for</strong> sexual abuse of a minor under 8 U.S.C. §<br />
1101(a)(43)(A). Immigration counsel would have strong arguments against this because the age of the<br />
victim is not “actually required” in order to convict the defendant of any element of this age-neutral<br />
offense. United States v. Aguila-Montes de Oca, 655 F.3d 915, 937 (9th Cir. 2011) (en banc). However,<br />
because ICE is bringing this issue up on appeal to the Ninth Circuit, defense counsel should always<br />
attempt to sanitize the record of conviction of in<strong>for</strong>mation that the victim was under 18 years of age.<br />
Even assuming the government proved minor age of the victim, <strong>immigration</strong> counsel will argue that since<br />
the victim is not required to be aware of the conduct, the offense is not per se harmful to a minor victim.<br />
Domestic Violence/Child abuse: Though unlikely, this offense could potentially be charged as<br />
stalking under the domestic violence ground of removal. It could also be charged as a deportable crime of<br />
child abuse, if the record shows that the victim is a minor. Immigration counsel would have strong<br />
arguments against a child abuse charge if the age of the victim was not “actually required” in order to<br />
convict the defendant of this age-neutral offense. United States v. Aguila-Montes de Oca, 655 F.3d 915,<br />
937 (9th Cir. 2011) (en banc). However, defense counsel should always attempt to leave the age of a<br />
minor victim out of the record of conviction. Even assuming the government proved minor age of the<br />
victim, <strong>immigration</strong> counsel will argue that since the victim is not required to be aware of the conduct, the<br />
offense is not per se harmful to a minor victim.<br />
29. Criminal Trespass, ARS §§ 13-1502-3<br />
Criminal Trespass in the Third Degree, ARS § 13-1502<br />
A person commits criminal trespass in the third degree by:<br />
Arizona Criminal Chart with Explanatory Endnote – August 2012<br />
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