Does the prosecution need to prove intent to defraud as an element of section 350 of the Immigration Code?

California, United States of America


The following excerpt is from People v. Sy, 166 Cal.Rptr.3d 778, 223 Cal.App.4th 44 (Cal. App. 2014):

RodriguezValencia v. Holder (9th Cir.2011) 652 F.3d 1157 and Tall v. Mukasey (9th Cir.2008) 517 F.3d 1115 do not hold to the contrary. Rather, these cases hold that, for federal immigration law purposes, a violation of section 350, subdivision (a)(2), is an inherently fraudulent crime because the conduct of willfully manufacturing, intentionally selling, or knowingly possessing a counterfeit mark results in either an innocent purchaser being tricked into buying a fake item or the owner of the mark being deprived of its value. ( RodriguezValencia v. Holder, supra, 652 F.3d at p. 1160 ; Tall v. Mukasey, supra, 517 F.3d at pp. 11191120.) These cases do not discuss and, therefore, have no bearing on whether the prosecution must prove intent to defraud as an element of section 350.

Other Questions


Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Can a defendant who has been given a life sentence for an assault with intent to murder be convicted of the crime under section 12022(a) of the Penal Code section 120 22(b) and section 5.5 of the Criminal Code? (California, United States of America)
Is a conviction under section 23550.5 of the California Vehicle Code (formerly Vehicle Code Section 23152) of the Vehicle Code applicable to a repeat offender with a prior DUI or vehicular manslaughter conviction? (California, United States of America)
Does Vehicle Code section 23558 of the California Vehicle Code provide notice of enhancements to a motor vehicle under Vehicle Code Section 12022.7? (California, United States of America)
What are the elements of a violation of section 422 of the California Code of Civil Procedure, section 422(1) of the Criminal Code, and what is the test for that violation? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does section 654 of the California Penal Code allow for an act or omission that is punishable by different sections of the Penal Code to be punished by one or more sections? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.