The Fourth Circuit has determined that a Virginia conviction for taking custodial indecent liberties with a child is a sexual abuse of a minor aggravated felony. The court emphasized that the statute targets conduct directed towards minors. requires a mental element focused on sexual gratification, and requires physical or nonphysical misuse or maltreatment of a child. The court also distinguished the Supreme Court’s decision in Esquivel-Quintana, which did not reach sexual offenses against children over age 16 when there is a relationship of trust between the adult and the child.

The full text of Thompson v. Barr can be found here: