Interim Decision *1761 

MATTER OF NODAILL 

In Deportation Proceedings 

A-12615416 

Decided by Board July 08, 1987 

Conviction of the offense of indicting upon a eland corporal injury resulting 

in a traumatic condition in violation of section. 273(d) of the California 

Penal Code Is conviction of a crime involving moral turpitude. 

Mums: 

Order: Act of 1862—Section 241(a) (4) (8 U.B.O. 1251(0 (4)]--cionvieud of 

crime involving moral turpitude within five years after 

entry, to wit, child beating. 

ON Ilescara or lizarommyr: Ox Buzau? or SEMVICS: 

Howard R. Harris, Esquire Sam I. Feldman 

1019 National Avenue Trial Attorney 

National City, Calif. 92050 (Brief filed) 

(Brief filed) 

The respondent, a native and citizen of Mexico, appeals from an 

order entered by the special inquiry officer on May 18, 1967 which 

directs her deportation to Mexico on the charge that within five years 

after her entry, she was convicted of a crime involving moral turpitude, to wit, child beating, in violation of section 273(d) of the 

California Penal Code. Exceptions have been taken to the finding 

that the crime defined by section 273(d) of the California Penal 

Code involves moral turpitude. 

The respondent is a female married alien, 35 years of age, who was 

admitted to the United States for permanent residence on June 14, 

1961 at the port of San Ysidro, California. She was convicted in the 

Superior Court of the State of California on April 15, 1965 for the 

offense of inflicting corporal injury upon a child, in violation of section 273(d) of the California Penal Code. She was sentenced to confinement in the California Institution for Women for a term of not 

more than two years as provided by the statute. 

It is conceded by counsel that the respondent was convicted of the 

offense defined by section 273(d) of the California Penal Code. Section 273 (d) reads in pertinent part as follows : 

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Interim Decision #1761 

. . . any person who wilfully Inflicts upon any child any cruel or inhuman 

corporal punishment or injury resulting in a traumatic condition is guilty of 

a felony .. . 

Counsel argues that section 273(d) of the California Penal Code does 

not necessarily involve moral turpitude. Counsel maintains that the 

conduct of a person convicted of a violation of section 273 (d) could 

be the result of a quickness of temper or a weakness of character and 

not be accompanied by a vicious and corrupted mind. 

The information filed against the respondent on February 24, 1965 

reads in part as follows: 

Between the 26th day of December 1964, and the 7th day of January 1965 (the 

respondent) . . . did wilfully, unlawfully and feloniously make an assault and 

Inflict a corporal injury upon Oscar Nodahl. then and there a minor child under 

the age of 21 years, to wit, of the age of 9 years, and that the said assault did 

result in a traumatic injury to the said Oscar Nodahl, a human being. 

Moral turpitude refers to conduct which is inherently base, vile or 

depraved and contrary to accepted rules of morality. The term "child," 

as used in section 278(d) (supra) includes children of tender years, 

who by reason of their physical immaturity are helpless against the 

cruelty of their parents. The California statute by its very terms 

defines an assault upon a child which is "cruel or inhuman corporal 

punishment or injury" which results in a "traumatic condition." A 

traumatic condition has been defined as a wound or other abnormal 

bodily condition resulting from the application of some external force. 

People v. Stewart,188 C.A. 2, 88,10 C.R. 217. 

We conclude on the basis of the foregoing that section 273(d) of 

the California Penal Code defines an act of baseness, vileness, or depravity contrary to the accepted mores of society. We affirm the order 

entered by the special inquiry officer and will dismiss the appeal. 

ORDER: It is ordered that the appeal be and the same is hereby 

dismissed. 

389