In a federal sentencing case, the Ninth Circuit has determined that an Oregon conviction for attempted sexual abuse in the first degree can qualify as sexual abuse of a minor.  The court determined that the statute is divisible (the provisions regarding crimes of bestiality with a minor under 18 being severable from those involving sex acts with a minor under age 14).  It then conducted a modified categorical analysis, and found that all convictions under the subsection dealing with crimes against minors under age 14 qualify as sexual abuse of a minor under the sentencing guidelines.  The court rejected the defendant's argument that his conviction did not match the definition of sexual abuse of a minor because his plea stipulated that he only made contact with the victim through the outside of her clothing.  Given that sexual abuse of a minor can also qualify as an aggravated felony for immigration purposes, this case may provide persuasive insight into the immigration consequences of a conviction under this statute.

The full text of U.S. v. Rocha-Alvarado can be found here: