Efstathiadis v. Holder
Annotate this CasePlaintiff pleaded guilty to four counts of sexual assault in the fourth degree in violation of Conn. Gen. Stat. 53a-73a(a)(2). The United States Department of Homeland Security subsequently commenced removal proceedings against Plaintiff on the ground that he was convicted of two or more crimes involving moral turpitude. The immigration judge determined that section 53a-73a(a)(2) is not a crime involving moral turpitude because the statute does not require that the actor know that his actions were not consented to by the victim. The Board of Immigration Appeals reversed. The United States Court of Appeals for the Second Circuit concluded that resolving the issue of what mens rea was required for the lack of consent element of the statute was necessary to determine whether the plaintiff had been convicted of a crime of moral turpitude and certified questions to the Connecticut Supreme Court regarding section 53a-73a(a)(2). The Supreme Court answered (1) section 53a-73a(a)(2) is not a strict liability offense with respect to the lack of consent element; and (2) the mens rea applicable to the element of consent in section 53a-73a(a)(2) is criminal negligence.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.