Obtaining by fraud Third degree 2C:35-13

Degree of Intent Degree of Harm Other Abbreviations
K=knowing(ly) BI=bodily injury CDS=controlled dangerous substance
P=purpose(ly) SBI=serious bodily injury DW=deadly weapon
N=negligent(ly) MV=motor vehicle
R=reckless(ly)

Aggravated Felony (AF)?
Crime Involving
Moral Turpitude
(CIMT)?
Other Grounds:
Controlled Substance
Offense (CSO)
Crime Against Children
(CAC)
Crime of Dom. Viol., Etc.
(CODV)
Firearm Offense (FO)
Prostitution

Obtaining by fraud
Third degree 2C:35-13

If record reflects conviction under
provision regarding obtaining a CDS
by misrepresentation, etc., would
probably NOT be deemed a “drug
trafficking” AF under current Third
Circuit case law, unless conviction is
for possession of more than 5g of
cocaine base or any amount of
flunitrazepan, in which case might be
deemed “drug trafficking” AF (see
Gerbier v. Holmes, 280 F.3d 297 (3d
Cir. 2002), Steele v. Blackman, 236
F.3d 130 (3d Cir. 2001)). If later
removal hearing takes place outside
the Third Circuit, however,
conviction under this provision
would probably be deemed a “drug
trafficking” AF (see In Re Yanez-
Garcia, 23 I.& N. Dec. 390 (BIA
2002). Please see the note at the end
of this chart for a more detailed
discussion of the issues raised by a
conviction under this section. If
record reflects conviction under
provision regarding obtaining a CDS
by misrepresentation, etc., AND if
loss to any victim(s) exceeds
$10,000 would probably also be
deemed a “fraud or deceit” AF. If
record reflects conviction under
provision regarding obtaining a
forged or fraudulent certificate AND
if term of imprisonment of at least
one year is imposed, would probably
be deemed a “forgery” AF.
Would probably be
considered a CIMT.
Would probably be
considered a CSO if record of
conviction establishes a
controlled substance as
defined in 21 U.S.C. § 802.


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