The Fourth Circuit has determined that Virginia’s sexual battery statute is divisible between non-consensual acts and acts committed against a person restrained by the criminal justice system. The portion of the statute criminalizing non-consensual acts constitutes a crime involving moral turpitude. The court additionally found that a Virginia conviction for solicitation of a minor under age 15 is a crime involving moral turpitude because the statute includes a requirement that the defendant has reason to believe he is soliciting someone under age 15.

The full text of Gomez-Ruotolo v. Garland can be found here:

https://www.ca4.uscourts.gov/opinions/231238.P.pdf

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