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criminal threats

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Third Circuit Finds that Pennsylvania Conviction for Making Terroristic Threats is a Crime Involving Moral Turpitude

The Third Circuit has determined that a Pennsylvania conviction for making terroristic threats - which criminalizes communicating, either directly or indirectly, a threat to commit any crime of violence with intent to terrorize another - is categorically a crime involving moral turpitude.  The petitioner argued that “crime of violence” encompasses simple assault, and as such, the statute criminalizes threatening to commit a simple assault (a non-turpitudinous crime).  The court rejected his argument, finding that the requirement of a specific intent to terrorize differentiated the statute from simple assault, and that such an intent demonstrates that the defendant acted with a vicious motive or corrupt mind.

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

http://www2.ca3.uscourts.gov/opinarch/152781p.pdf

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Ninth Circuit Affirms Precedent Finding that California Conviction for Making Criminal Threats is a Crime of Violence

The Ninth Circuit has affirmed its previous finding that a conviction under section 422 of the California Penal Code is a crime of violence aggravated felony.  In so doing, it rejected contrary case law from two other circuits.  

The full text of Arellano Hernandez v. Lynch can be found here:

http://cdn.ca9.uscourts.gov/datastore/opinions/2016/08/01/11-72286.pdf

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