Malum prohibitum is a Latin phrase used in law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

 to refer to conduct that constitutes an unlawful act only by virtue of statute

Statute

A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

, as opposed to conduct evil in and of itself, or malum in se

Malum in se

Malum in se is a Latin phrase meaning wrong or evil in itself. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct...

. Conduct that was so clearly violative of society's standards for allowable conduct that it was illegal under English common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 is usually regarded as "malum in se". An offense that is malum prohibitum, for example, may not appear on the face to directly violate moral standards

Morality

Morality is the differentiation among intentions, decisions, and actions between those that are good and bad . A moral code is a system of morality and a moral is any one practice or teaching within a moral code...

. The distinction between these two cases is discussed in State of Washington v. Thaddius X. Anderson :

Criminal offenses can be broken down into two general categories malum in se and malum prohibitum. The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is "naturally evil as adjudged by the sense of a civilized community," whereas a malum prohibitum offense is wrong only because a statute makes it so. State v. Horton, 139 N.C. 588, 51 S.E. 945, 946 (1905).
"Public welfare offenses" are a subset of malum prohibitum offenses as they are typically regulatory in nature and often "'result in no direct or immediate injury to person or property but merely create the danger or probability of it which the law seeks to minimize.'" Bash, 130 Wn.2d at 607 (quoting Morissette v. United States, 342 U.S. 246, 255-56, 72 S. Ct. 240, 96 L. Ed. 288 (1952)); see also State v. Carty, 27 Wn. App. 715, 717, 620 P.2d 137 (1980).

Some examples of mala prohibita include parking violations, copyright violations, tax laws, cultural taboos, and doing certain things without a license.

Crimes and torts that many claim are malum prohibitum—but not malum in se

Malum in se

Malum in se is a Latin phrase meaning wrong or evil in itself. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct...

—include:

• Copyright infringement
  Copyright infringement
  Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
  
  
• Gambling
  Gambling
  Gambling is the wagering of money or something of material value on an event with an uncertain outcome with the primary intent of winning additional money and/or material goods...
  
  
• Illegal drug use and sale
• Illegal immigration
  Illegal immigration
  Illegal immigration is the migration into a nation in violation of the immigration laws of that jurisdiction. Illegal immigration raises many political, economical and social issues and has become a source of major controversy in developed countries and the more successful developing countries.In...
  
  
• Prohibition
  Prohibition
  Prohibition of alcohol, often referred to simply as prohibition, is the practice of prohibiting the manufacture, transportation, import, export, sale, and consumption of alcohol and alcoholic beverages. The term can also apply to the periods in the histories of the countries during which the...
  
   of alcohol
  Alcohol
  In chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
  
  
• Prostitution
  Prostitution
  Prostitution is the act or practice of providing sexual services to another person in return for payment. The person who receives payment for sexual services is called a prostitute and the person who receives such services is known by a multitude of terms, including a "john". Prostitution is one of...
  
  
• Driving without a license
• Operating a business without a license
  Business license
  Business licenses are permits issued by government agencies that allow individuals or companies to conduct business within the government's geographical jurisdiction. It is the authorization to start a business issued by the local government....
  
  
• Building a house without a license
  Construction permit
  A construction permit or building permit is a permit required in most jurisdictions for new construction, or adding on to pre-existing structures, and in some cases for major renovations. Generally, the new construction must be inspected during construction and after completion to ensure compliance...
  
  
• Violating Building codes
• Tax evasion
  Tax evasion
  Tax evasion is the general term for efforts by individuals, corporations, trusts and other entities to evade taxes by illegal means. Tax evasion usually entails taxpayers deliberately misrepresenting or concealing the true state of their affairs to the tax authorities to reduce their tax liability,...
  
  
• Draft dodging
• Sedition
  Sedition
  In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
  
  
• Weapon possession
  Weapon possession (crime)
  Weapon possession refers to a class of crime regarding the unlawful possession of a weapon by a citizen within an established society.Many societies both past and present have placed restrictions on what forms of weaponry private citizens are allowed to purchase, own, and carry in public...
  
  

See also

• Laws without ethical content
  Laws without ethical content
  A law without ethical content is one that does not proscribe or mandate an act because of the act's moral or ethical value, but for some other reason...
  
  
• Public order crime
  Public order crime
  In criminology, public-order crime is defined by Siegel as "...crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e. it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and...
  
  
• Victimless crime (political philosophy)
  Victimless crime (political philosophy)
  A victimless crime is a term used to refer to actions that have been ruled illegal but do not directly violate or threaten the rights of another individual. It often involves consensual acts in which two or more persons agree to commit a criminal offence in which no other person is involved...