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John Wesley Liwanag Coquico v. Lynch

Pointing a laser pointer at a cop is a crime, but it is not a base, vile, or depraved crime according to the Ninth Circuit's decision in Coquico v. Lynch.

ICE put John Coquico in removal proceedings, alleging that he was deportable for conviction of two crimes involving moral turpitude after admission: a 2007 conviction for robbery and a 2006 misdemeanor conviction for "unlawful laser activity" in violation of California Penal Code (PC) 417.26. He argued the PC 417.26 conviction did not involve moral turpitude.

PC 417.26 provides,

(a) Any person who aims or points a laser scope as defined in subdivision (b) of Section 417.25, or a laser pointer, as defined in subdivision (c) of that section, at a peace officer with the specific intent to cause the officer apprehension or fear of bodily harm and who knows or reasonably should know that the person at whom he or she is aiming or pointing is a peace officer, is guilty of a misdemeanor punishable by imprisonment in a county jail for a term not exceeding six months.

The immigration judge found this crime to involve moral turpitude because she found it involved "possession of weapons which are insidious instruments normally used for criminal purposes.” The Board of Immigration Appeals agreed that the crime involved moral turpitude for the slightly different reason of "the crime is committed against a peace officer and the nature of the crime involves using a device which gives the appearance or facade of the use of a deadly weapon."

Really? Apparently the immigration judge and Board are unfamiliar with what exactly a laser pointer is. Helpfully, the California statute defines it as: "any hand held laser beam device or demonstration laser product." You know, like what they use to point on the projection screen at a dreary continuing legal education seminar. Or like the one that naughty kid was using to distract the speakers at the last PTA meeting I went to. Annoying yes, an insidious weapon normally used for criminal purposes no.

Fortunately, the Ninth Circuit also went with annoying rather than deadly. It noted that the statute does not have any requirement that the laser pointer appear deadly to a reasonable person. Nor does the statute require that the peace officer on the receiving end be in reasonable fear of bodily harm (much less experience any harm). In other words, all that PC 417.26 requires is that some knucklehead intend to cause the officer fear of harm, not that the officer have a reasonable basis to fear harm. The Ninth Circuit found that to be the critical point.

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