Part II: RCW Quick Reference Chart for Determining Immigration
B. The RCW Quick Reference Chart for Determining Immigration Consequences
RCW Section: Offense: Aggravated Felony (AF): Crime Involving Moral Turpitude (CIMT): Other Grounds 9.35.020 Class C Felony
Identity Theft Fraud: Yes if loss to victim = $10k or more.
Theft & Forgery: Yes if sentence imposed = 1 year or more.
Likely No
9.40.120 Felony
Incendiary devices Explosives: Likely
Firearms: No
Possible Firearms: Possible 9.41.040(1)(a)
Class B Felony
First Degree Unlawful Possession of Firearms- Ownership, possession by certain persons Firearms Trafficking: No Firearms: Likely No Firearms: Yes 9.41.040(1)(b) Class C Felony
Second Degree Unlawful Possession of Firearms- Ownership, possession by certain persons
Firearms Trafficking: No
Firearms: Possibly (may depend on nature of predicate conviction.)
No Firearms: Yes
9.41.050
Simple Misdemeanor
Carrying Firearms Firearms Trafficking: No
Firearms: No
No Firearms: Yes 9.41.140
Simple Misdemeanor
Alteration of Identifying marks: 1) “No person may change, alter, remove, or obliterate the name of the maker, model,
manufacturer's number, or other mark of identification on any firearm. 2)
Possession of any firearm upon which any such mark shall have been changed, altered, removed, or obliterated, shall be prima facie evidence that the possessor has changed, altered, removed, or obliterated the same.”
Firearms Trafficking: No
Firearms: Possibly
Not Likely Firearms: Yes (NOTE: conviction under the second sentence of statute is definitely deportable; but the 1st sentence includes some conduct outside the removal statute.)
9.41.170 Class C Felony
Alien's license to carry Firearms Firearms Trafficking: No Firearms: No No Firearms: Yes 9.41.190 Class C Felony
Unlawful Firearms Firearms Trafficking:
Possible
Firearms: Yes
No Firearms: Yes
9.41.225 Class A Felony
Use of a machine gun in felony.
COV: Yes if sentence imposed = 1 year.
Firearms: Likely
RCW Section: Offense: Aggravated Felony (AF): Crime Involving Moral Turpitude (CIMT): Other Grounds 9.41.230 Gross Misdemeanor Aiming or Discharging Firearms, Dangerous Weapons COV: Possibly Firearms Trafficking: No Firearms: No
Possibly Firearms: Yes, if ROC shows weapon was gun. DV: likely if ROC shows relationship to victim. 9.41.250 Gross Misdemeanor
Dangerous Weapons Firearms Trafficking: No
Firearms: Possible
No Firearms: Likely, if ROC shows weapon was gun under §2 or silencer under §3. 9.41.260
Simple Misdemeanor
Dangerous Exhibitions COV: Possibly if sentence
imposed = 1 year.
Firearms Trafficking: No
Firearms: No
No Firearms: Likely if ROC shows weapon was gun.
9.41. 270
Gross Misdemeanor
Weapons apparently capable of producing bodily harm -- Unlawful carrying or handling
Firearms Trafficking: No;
Firearms: No
COV: Possibly if sentence imposed = 1 year.
Possibly Firearms: Possibly, if ROC shows weapon was gun. DV: Likely if ROC shows relationship to victim. 9.41.280 Gross Misdemeanor Possessing Dangerous Weapons on School Facilities Firearms Trafficking: No Firearms: Possible
No Firearms: Yes, if ROC shows conviction for gun under
9.41.280(1)(a). 9.46.195
Simple Misdemeanor
(S)Obstruction of public servant “No person shall intentionally obstruct or attempt to obstruct a public servant in the
administration or
enforcement of this chapter by using or threatening to use physical force or by means of any unlawful act.”
COV: No, because 1 year sentence is not possible for simple misdemeanor.
Obstruction: No, because 1 year sentence is not possible for simple misdemeanor.
Not likely, but possible, if force is method of obstruct- tion. Better to leave “unlawful act” un- specified. No 9.58.110 Simple Misdemeanor Slander of woman No No No 9.61.230(1) Gross Misdemeanor
Telephone harassment No Possible DV: Possible if ROC
shows conviction under §(1)(c) threat is against a person & ROC shows
Part II, B: RCW Quick Reference Chart 121
RCW Section: Offense: Aggravated Felony (AF): Crime Involving Moral Turpitude (CIMT): Other Grounds 9.61.230(2)(a) Class C Felony
Telephone harassment No No DV: Possible if ROC
shows conviction based on § (1)(c) threat is against a person; and if ROC shows relationship to victim.
9.61.230(2)(b) Class C Felony
Telephone harassment COV: Likely if sentence imposed = 1 year or more.
Likely DV: Yes if ROC shows relationship to victim. 9.61.240 Simple Misdemeanor Telephone harassment -- Permitting telephone to be used No Possible No 9.68.060 Class B Felony/Gross Misdemeanor/ Simple Misdemeanor
"Erotic material" Child Porn: Not Likely Not likely No
9.68.130
Simple Misdemeanor
"Sexually explicit material" Child Porn: Not Likely No No 9.68.140
Class C Felony
Promoting pornography Child Porn: Not Likely Possible No
9.68A.040 Class B Felony
Sexual exploitation of a minor
SAM: Likely
COV: Likely, if ROC shows it’s under §(1)(a) & if sentence imposed = 1 year or more.
Child Porn: Yes
Likely CAC: Yes
9.68A.050 Class C Felony
Dealing in depictions of minor engaged in sexually explicit conduct
SAM: Likely
Child Porn: Yes
Likely CAC: Likely
9.68A.060 Class C Felony
Sending, bringing into state depictions of minor
engaged in sexually explicit conduct
Child Porn: Yes Likely CAC: Likely
9.68A.070 Class C Felony
Possession of depictions of minor engaged in sexually explicit conduct
SAM: Possible
Child Porn: Yes
Likely CAC: Possible
9.68A.080(1) Gross Misdemeanor
(Failure to engage in) Reporting ofdepictions of minor engaged in sexually explicit conduct
Child Porn: Possible Possible CAC: Possible
9.68A.090 Felony/Gross Misdemeanor
Communication with minor for immoral purposes
SAM: Possible. If ROC is kept to minimum statutory language, will not be SAM.
Likely CAC: Possible
9.68A.100 Patronizing juvenile
prostitute
RCW Section: Offense: Aggravated Felony (AF): Crime Involving Moral Turpitude (CIMT): Other Grounds 9.91.060 Gross Misdemeanor Leaving children unattended in parked automobile No No CAC: Possible 9.91.140 Food stamps--Unlawful sale. No No No 9.91.142 Class C Felony/Gross Misdemeanor
Food stamps -- Trafficking. No Possible No
9A.28.010 Felony
Attempt, solicitation, or conspiracy based on felonies defined outside Title 9A RCW
Attempt & Conspiracy: Yes if underlying offense is AF. But see section on solicitation, which is distinct from underlying offense.
Yes, if underlying offense is CIMT Likely if underlying offense is removable offense. But see section on solicitation, which is distinct from underlying offense. 9A.28.020
Felony/Simple Misdemeanor/Gross Misdemeanor
Criminal attempt Attempt: Yes if underlying offense is AF. Yes, if underlying offense is CIMT Likely if underlying offense is removable offense. 9A.28.030 Felony/Simple Misdemeanor/ Gross Misdemeanor
Criminal solicitation Not AF. (NOTE: Solicitation to deliver or possess drugs is NOT an AF under (B) Drug Trafficking or (U) Attempt/ Conspiracy.) Possible, if underlying offense is CIMT; or if Courts were to rule solicitation is itself a CIMT CS: No RTB: Possible if drug- related. 9A.28.040 Felony/ Simple Misdemeanor/ Gross Misdemeanor
Criminal conspiracy Attempt & Conspiracy:
Yes if underlying offense is AF. Yes if underlying offense is CIMT Likely if underlying offense is removable offense. 9A.32.030 Class A Felony
Murder in the first degree Murder: Yes Yes DV: Likely if ROC
shows relationship to victim.
9A.32.050 Class A Felony
Murder in the second degree
Murder: Yes Yes DV: Likely if ROC shows relationship to victim.
9A.32.055 Class A Felony
Homicide by abuse Murder: Yes Yes DV: Likely if ROC
shows relationship to victim.
9A.32.060 Class A Felony
Manslaughter in the first degree
COV: Likely if sentence imposed = 1 yr or more.
Yes DV: Likely if ROC
shows relationship to victim.
9A.32.070 Class B Felony
Manslaughter in the second degree
COV: Possible if ROC indicates use of force and sentence imposed = 1 year or more.
No DV: Possible if ROC
shows relationship to victim.
Part II, B: RCW Quick Reference Chart 123
RCW Section: Offense: Aggravated Felony (AF): Crime Involving Moral Turpitude (CIMT): Other Grounds 9A.36.011 Class A Felony
Assault in the first degree COV: Yes if sentence imposed = 1 year or more.
Yes Firearms: Yes, if used gun under § (1)(a).
DV: Likely if ROC shows relationship to victim.
9A.36.021 Class B Felony
Assault in the second degree
COV: Yes if sentence imposed = 1 year or more.
Firearms Trafficking: No
Firearms: No
Yes Firearms: Yes if ROC shows weapon was gun.
DV: Yes if ROC shows relationship to victim. 9A.36.031(1)(a)
Class C Felony
Assault in the third degree—1(a)
COV: Likely if ROC shows use of force & sentence imposed = 1 year or more.
Obstruction of Justice: Possible if sentence imposed = 1 year or more.
Likely No
9A.36.031(1)(b) Class C Felony
Assault in the third degree—1(b)
COV: Likely if ROC shows use of force & sentence imposed = 1 year or more.
Possible No
9A.36.031(1)(c) Class C Felony
Assault in the third degree—1(c)
COV: Likely if ROC shows use of force & sentence imposed = 1 year or more.
Possible No
9A.36.031(1)(d) Class C Felony
Assault in the third degree “by means or a weapon or other instrument”– 1(d)
COV: if ROC shows sentence imposed = 1 year or more-- Not Likely
Firearms Trafficking: No
Firearms: No
Not Likely DV: No.
Firearms: Yes, if ROC shows weapon was gun.
9A.36.031(1)(e) Class C Felony
Assault in the third degree—1(e)
COV: Likely if ROC shows use of force & sentence imposed = 1 year or more.
Possible No
9A.36.031(1)(f) Class C Felony
Assault in the third degree—1(f)
COV: No No DV: No
9A.36.031(1)(g) Class C Felony
Assault in the third degree—1(g)
COV: Likely if ROC shows use of force & sentence imposed = 1 year or more.
Possible No
9A.36.031(1)(h) Class C Felony
Assault in the third degree—1(h)
COV: Likely if ROC shows use of force & sentence imposed = 1 year or more.
Possible No
9A.36.041
Gross Misdemeanor
Assault in the fourth degree COV: Yes, if ROC shows use of force and sentence imposed = 1 year or more.
No. DV: Yes, if ROC shows
use of force and relationship to victim. 9A.36.045
Class B Felony
Drive-by shooting COV: Yes if sentence imposed = 1 year or more.
Yes Firearms: Yes.
DV: Yes, if ROC shows relationship to victim. 9A.36.050
Gross Misdemeanor
Reckless endangerment COV: Unlikely, but possible if sentence imposed = 1 year or more.
Likely DV: Likely if ROC shows relationship to victim.
RCW Section: Offense: Aggravated Felony (AF): Crime Involving Moral Turpitude (CIMT): Other Grounds 9A.36.070 Gross Misdemeanor
Coercion COV: Yes if sentence
imposed = 1 year or more. UNLESS conviction under § (2)(b) for a threat defined in 9A.04.110(25), e.g., §§ (e) and (f) that doesn’t require the use of force.
Possible DV: Likely if ROC shows relationship to victim, UNLESS conviction under § (2)(b) for a threat defined in 9A.04.110(25), e.g., §§ (e) and (f) that doesn’t require use of force. 9A.36.080
Class C Felony
Malicious harassment COV: Likely if sentence imposed = 1 year or more. (Possible defense where ROC shows that threat to harm or injure was by a means not
requiring or involving use/threat of force.)
Likely DV: Likely if ROC shows relationship to victim EXCEPT a conviction under (1)(b), for property damage only. 9A.36.120 Class A Felony
Assault of a child in the first degree
COV: Yes if sentence imposed = 1 year or more.
SAM: No but possible if w/sex. motive.
Yes DV: Yes if ROC shows
relationship to victim.
CAC: Yes 9A.36.130
Class B Felony
Assault of a child in the second degree
COV: Yes if sentence imposed = 1 year or more;
SAM: No but possible if w/sex. motive.
Yes DV: Yes if ROC shows
relationship to victim.
CAC: Yes 9A.36.140
Class C Felony
Assault of a child in the third degree
COV: Not likely;
SAM: No but possible if w/sex. motive.
No DV: No
CAC: Yes 9A.36.150
Gross Misdemeanor
Interfering with the reporting of domestic violence
COV: Yes if interference involved use/threat of force and sentence imposed = 1 year or more.
Obstruction of Justice:
Possible if sentence imposed = 365 suspended.
Likely DV: Yes if interference involved use/threat of force against person.
9A.40.020 Class A Felony
Kidnapping in the first degree
COV: Likely if sentence imposed = 1 year or more.
Ransom: Possible
Yes DV: Possible if ROC
shows relationship to victim.
T: Possible 9A.40.030
Class B Felony
Kidnapping in the second degree
COV: Likely if sentence imposed = 1 year or more;
(H)Ransom: Not likely
Likely DV: Likely if ROC shows relationship to victim.
9A.40.040 Class C Felony
Unlawful imprisonment COV: Likely, if ROC shows violence and sentence imposed = 1 year or more.
Ransom: Not likely
Not likely DV: Possible if ROC shows relationship to victim and use of force.
Part II, B: RCW Quick Reference Chart 125
RCW Section: Offense: Aggravated Felony (AF): Crime Involving Moral Turpitude (CIMT): Other Grounds 9A.40.090 Class C Felony
Luring COV: Not likely (but clearly
not where sentence imposed is < 1 year.)
Likely CAC: Yes where ROC
shows victim is a minor.
9A.42.020 Class B Felony
Criminal mistreatment in the first degree
COV: Not likely (but clearly not where sentence imposed is < 1 year.)
Yes CAC: Yes
DV: Not likely since no use/threat of force required.
9A.42.030 Class C Felony
Criminal mistreatment in the second degree
COV: Not likely (but clearly not where sentence imposed is < 1 year.)
Yes CAC: Yes
DV: Not likely unless ROC shows use/threat of force.
9A.42.060 Class B Felony
Abandonment of a dependent person in the first degree
COV: Not likely unless ROC shows use/threat of force and sentence imposed is 1 yr or more.
Yes DV: Not likely unless ROC shows use/threat of force.
CAC: If ROC shows victim is minor. 9A.42.070
Class C Felony
Abandonment of a dependent person in the second degree
COV: Not likely unless ROC shows use/threat of force and sentence imposed is 1 yr or more.
Yes DV: Not likely unless ROC shows use/threat of force.
CAC: If ROC shows victim is minor. 9A.42.080
Gross Misdemeanor
Abandonment of a dependent person in the third degree
COV: Not likely unless ROC shows use/threat of force and sentence imposed is 1 yr or more.
Possible DV: Not likely unless ROC shows use/threat of force.
CAC: If ROC shows victim is minor. 9A.44.040
Class A Felony
Rape in the first degree Rape: Yes
COV: Yes if sentence imposed = 1 year or more.
Yes DV: Possible if ROC
shows relationship to victim.
9A.44.050 Class A Felony
Rape in the second degree Rape: Yes
COV: Yes if sentence imposed = 1 year or more.
Yes DV: Yes if ROC shows
relationship to victim. 9A.44.060
Class C Felony
Rape in the third degree Rape: Yes
COV: Likely if sentence imposed = 1 year or more.
Yes DV: Yes if ROC shows
relationship to victim. 9A.44.073
Class A Felony
Rape of a child in the first degree
Rape & SAM: Yes
COV: Yes if sentence imposed = 1 year or more.
Yes DV: Yes if ROC shows
relationship to victim.
CAC: Yes 9A.44.076
Class A Felony
Rape of a child in the second degree
Rape & SAM: Yes
COV: Yes if sentence imposed = 1 year or more.
Yes DV: Yes if ROC shows
relationship to victim.
CAC: Yes 9A.44.079
Class C Felony
Rape of a child in the third degree
Rape & SAM: Likely
COV: Possible if sentence imposed = 1 year or more.
Yes DV: Yes if ROC shows
relationship to victim.
RCW Section: Offense: Aggravated Felony (AF): Crime Involving Moral Turpitude (CIMT): Other Grounds 9A.44.083 Class A Felony
Child Molestation in the first degree
SAM: Yes
COV: Possible if sentence imposed = 1 year or more & ROC shows use of force.
Yes DV: Possible if ROC
shows relationship to victim & use of force.
CAC: Yes 9A.44.086
Class B Felony
Child Molestation in the second degree
SAM: Yes
COV: Possible if sentence imposed = 1 year or more and ROC shows use of force.
Yes DV: Possible if ROC
shows relationship to victim & use of force.
CAC: Yes 9A.44.089
Class C Felony
Child Molestation in the third degree
SAM: Yes
COV: Possible if sentence imposed = 1 year or more and ROC shows use of force.
Yes DV: Possible if ROC
shows relationship to victim & use of force.
CAC: Yes 9A.44.093
Class C Felony
Sexual misconduct with a minor in the first degree
SAM: Likely
COV: Likely if sentence imposed = 1 year or more & ROC shows use of force.
Yes DV: Likely if ROC
shows relationship to victim & use of force.
CAC: Yes 9A.44.096
Gross Misdemeanor
Sexual misconduct with a minor in the second degree
SAM: Likely
COV: Possible if sentence imposed = 1 year or more & ROC shows use of force .
Yes DV: Likely if ROC
shows relationship to victim & use of force.
CAC: Yes 9A.44.100
Class B Felony
Indecent liberties SAM: Possible, if ROC shows victim was minor.
COV: Likely if sentence imposed = 1 year or more
Yes DV: Likely if ROC
shows relationship to victim.
9A.46.040
Simple Misdemeanor
Court-ordered requirements upon person charged with crime -- Violation
No Possible PV: Yes
9A.46.080
Simple Misdemeanor
Order restricting contact No Possible PV: Yes
9A.46.110 Class C Felony/Gross Misdemeanor
Stalking COV: Likely if sentence
imposed = 1 year or more and where ROC shows use/threat of force.
Obstruction of Justice:
Possible if sentence imposed = 1 year or more if (5)(f)
Likely Stalking crimes are specific ground of deportation.
PV: Yes if Sec. 5(a) or (b).
9A.48.020 Class A Felony
Arson in the first degree COV: Likely if sentence imposed = 1 yr or more.
Yes DV: Unlikely even with
relationship to victim since this only covers property damage and not violence “against a person.”
Part II, B: RCW Quick Reference Chart 127
RCW Section: Offense: Aggravated Felony (AF): Crime Involving Moral Turpitude (CIMT): Other Grounds 9A.48.020 Class B Felony
Arson in the Second degree COV: Likely if sentence imposed = 1 yr or more.
Yes DV: Unlikely even with
relationship to victim since this only covers property damage and not violence “against a person”.
9A.48.020 Class C Felony
Reckless burning in the first degree
COV: Likely if sentence imposed = 1 yr or more.
Yes DV: Not likely since this is property crime. 9A.48.050
Gross Misdemeanor
Reckless burning in the second degree
COV: Likely if sentence imposed = 1 yr or more.
Yes DV: Not likely since this is property crime. 9A.48.070
Class B Felony
Malicious mischief in the first degree
COV: Likely if sentence imposed = 1 yr or more & ROC shows use/ threat of force.
No DV: Not likely since
this is property crime.
9A.48.080 Class C Felony
Malicious mischief in the second degree
COV: Likely if sentence imposed = 1 yr or more & ROC shows use/ threat of force.
No DV: Not likely since
this is property crime.
9A.48.090
Gross Misdemeanor/ Simple Misdemeanor
Malicious mischief in the third degree
COV: Likely if sentence imposed = 1 yr or more & ROC shows use/ threat of force.
No DV: Not likely since
this is property crime.
9A.52.020 Class A Felony
Burglary in the first degree COV & Burglary:
Yes if sentence imposed = 1 year or more.
Likely DV: Possible if ROC shows relationship to victim.
9A.52.025 Class B Felony
Residential burglary “with intent to commit a crime against a person or property therein, the person enters or remains
unlawfully in a dwelling other than a vehicle”
COV & Burglary: Yes if sentence imposed = 1 year