What is the current state of the law when it comes to determining the elements of a criminal conviction based on a single crime?

Under the categorical approach, because a statute is indivisible, courts look only at the language of the statute, as the statute defines only one crime. But if a statute is divisible, courts do not know by looking only at the text of the statute which alternative version of the statute the defendant may have violated. Id. Therefore, if the statute at issue is divisible, courts apply the modified categorical approach and consider a very limited set of materials to help determine the specific elements of the crime of conviction.⁷ Id. ; Descamps v. United States , 570 U.S. 254, 261-62, 133 S.Ct. 2276, 186 L.Ed.2d 438 (2013).