Nicanor-Romero v. Mukasey

California Penal Code § 647.6(a) punishes objectively offensive behavior toward children that is motivated by an unnatural or abnormal sexual interest. The majority holds that violation of § 647.6(a) is not, categorically, a crime involving moral turpitude. The majority accomplishes this by focusing exclusively' — and separately — on the actus reus and mens rea of the offense. However, we have never subjected sexual offenses to the type of rigorous actus reus and mens rea analysis employed by the majority to determine whether they involve moral turpitude. Rather, with sex crimes we have…