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Does Indecent exposure and lewdness comes under Crime Involving Moral Turpitude (CIMT)?

Concord, NH |

Case Charged comes under 645:1, Class A misdemeanor.

Attorney Answers 3


  1. There is a good chance that it does. The Board of Immigration Appeals believes that a similar California statute involves moral turpitude, although the NInth Circuit Court of Appeals disagrees. (Read the Nunez v. Holder decision from the Ninth Circuit for an introduction to the issues involved in this type of analysis).

    Understand that statue statutes don't come "pre-labeled" for immigration purposes. Some crimes obvioulsy fit iinto the different immigration-related terms of art, like "moral turptitude" or "aggravated felony."

    But sometimes, it's hard to tell, and arguments exist on either side.

    Without conducting a careful review of the case law, my initial reaction is that public indecency laws fall into this grey area. In order to fully analyize your situaiton, you're going to want an immigration lawyer to study the case law in your particular circuit, and parse the reasonsing of the BIA in comparable cases.

    Sorry I don't have a quick and easy answer for you. What is your current situation? Are you applying for a particular immigration benefit? Are you in removal proceedings?

    My guess is that you're going to want to invest some money in getting a thorough review, given the possibilty of serious negative immigration consequences.

    Best of luck.


  2. Probably but you need to take the exact disposition or charges to an immigration attorney to have them analyzed. If you have not yet been convicted you will do yourself a huge favor if you hire an immigration attorney before accepting any plea.

    Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.


  3. I agree with Mr. Barr and will repeat that you need to have an immigraiton attorney review your case. The evauation of one part of the case is no productive, you need to understand the case as a whole and how the crime may or may not affect it. Good luck.

    714-560-0040. The answer provided is general in nature and because not all facts are known, it should not be construed as legal advice. The answer does not create an attorney/client relationship.

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