Jean Bernard Gelin v. U.S. Attorney General

The majority concludes that Florida statute § 825,102(1) categorically constitutes a crime of moral turpitude based on the level of intent required by the statute and because it reads the statute to require the defendant to know that the victim is a member of the protected class. My reading of § 825.102(1) differs from the majority’s, so I respectfully dissent.

Section 825.102(1) is as follows:(1) “Abuse of an elderly person or disabled adult” means:(a) Intentional infliction of physical or psychological injury upon an elderly person or disabled adult;(b) An intentional act that could…