The Ninth Circuit has determined that Washington conviction for assault of a child in the third degree, with a special allegation that the crime was committed with sexual motivation, qualifies as a sexual abuse of a minor aggravated felony. The special allegation had to be charged in the information and admitted by the defendant or proved to a jury beyond a reasonable doubt, and it led to an increase in the defendant's sentence. As such, the court determined that it was an element of the petitioner's offense.
Because the offense was committed for the purpose of sexual gratification, it necessarily involved “sexual conduct.”
The full text of Quintero-Cisneros v. Sessions can be found here: