New York Penal Law §263.05

The court held that New York Penal Law §263.05, use of a child in a sexual performance, is not divisible, and any conviction under it is categorically an aggravated felony offense involving sexual abuse of a minor offense. (Oouch v. Holder, 1/28/11)

Sexual Abuse of a Minor

For sexual abuse of a minor, the minor must be under 16 AND there must be a 4 year difference between the perpetrator and victim

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