Is a violation of section 273 a a crime of moral turpitude?

California, United States of America


The following excerpt is from People v. Laverty, E052332, Super.Ct.No. BAF006444 (Cal. App. 2012):

"Whether a particular offense involves moral turpitude must be determined based on the statutory elements of the crime. The court may not consider the specific facts giving rise to the conviction but must conclude that each element of the crime, including the minimum statutory elements, involves moral turpitude. [Citation.]" (People v. Robinson (2011) 199 Cal.App.4th 707, 712.) This is known as the "'least adjudicated elements test.'" (Ibid.) Given the foregoing law, we will assume, without deciding, that the parties are correcta violation of section 273 a is not a crime of moral turpitude.

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