The Third Circuit has concluded that a New Jersey conviction for “engaging in sexual conduct which would impair or debauch the morals of a child” is a crime of child abuse, noting that the use of the word “would” indicates a probability (rather than a mere capacity) to cause harm to the child. The court also analyzed state case law which indicated that the conduct must have a tendency to cause harm to the child.

The full text of Nunez v. Attorney General can be found here:

https://www2.ca3.uscourts.gov/opinarch/202651p.pdf

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