Moral turpitude
Encyclopedia
Moral turpitude is a legal concept in the United States
that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals." It appears in U.S. immigration law from the nineteenth century. In other common law
jurisdictions it is dated or obsolete.
The concept of moral turpitude escapes precise definition but has been described as an "act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man." The specific acts that such a concept includes inevitably change over time, as general public acceptance or abhorrence of issues alters; for example, until recent times, a man engaged in homosexual behavior was still considered as engaging in "criminal behavior involving moral turpitude."
The classification of a crime or other conduct as constituting moral turpitude has significance in several areas of law. First, prior conviction of a crime of moral turpitude (or in some jurisdictions, moral turpitude conduct, even without a conviction) is considered to have a bearing on the honesty of a witness and may be used for purposes of witness impeachment
. Second, moral turpitude offenses may be grounds to deny or revoke a professional license such as a teaching credential, license to practice law, or other licensed profession. Third, it is of great importance for immigration
purposes, as offenses which are defined as involving moral turpitude are considered bars to immigration into the U.S.
and cannot be self-certified. A police caution
for cannabis
use would also deem a person inadmissible as this would be "a violation related to a controlled substance".
A CIMT (Crime Involving Moral Turpitude) causes the alien to be inadmissible to the United States under section 212(a)(2)(i)(I) on the INA (Immigration Nationality Act). A controlled substance violation causes the alien to be inadmissible to the United States under section 212(a)(2)(i)(II) of the INA. They are two different sections of the law. A controlled substance violation is a CIMT. The immigration administrative proceeding does not use a controlled substance violation as a CIMT. A visa waiver program applicant admissibility is determined at the port of entry and they are subject to section 212(a) and 217 of the INA.
asks:
Little guidance is provided to the traveler as to which offenses are included in the definition; however the website of the U.S. embassy in London
states that a visa
is required for anyone who has ever been arrested or convicted for any offense. This appears to be at variance with the question on form I-94W and information supplied by the US Department of Homeland Security as there are many offenses that are not considered to involve moral turpitude
website.
For offenses (or arrests on suspicion of such offenses) occurring outside the U.S., the locally defined offense must be considered against the U.S. definitions, and in such cases it is the definition of the offense (as defined in the appropriate country) which is considered for immigration purposes, and not the circumstances of the individual's actual case.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
that refers to "conduct that is considered contrary to community standards of justice, honesty or good morals." It appears in U.S. immigration law from the nineteenth century. In other 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...
jurisdictions it is dated or obsolete.
The concept of moral turpitude escapes precise definition but has been described as an "act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man." The specific acts that such a concept includes inevitably change over time, as general public acceptance or abhorrence of issues alters; for example, until recent times, a man engaged in homosexual behavior was still considered as engaging in "criminal behavior involving moral turpitude."
The classification of a crime or other conduct as constituting moral turpitude has significance in several areas of law. First, prior conviction of a crime of moral turpitude (or in some jurisdictions, moral turpitude conduct, even without a conviction) is considered to have a bearing on the honesty of a witness and may be used for purposes of witness impeachment
Witness impeachment
Witness impeachment, in the law of evidence, is the process of calling into question the credibility of an individual who is testifying in a trial...
. Second, moral turpitude offenses may be grounds to deny or revoke a professional license such as a teaching credential, license to practice law, or other licensed profession. Third, it is of great importance for immigration
Immigration to the United States
Immigration to the United States has been a major source of population growth and cultural change throughout much of the history of the United States. The economic, social, and political aspects of immigration have caused controversy regarding ethnicity, economic benefits, jobs for non-immigrants,...
purposes, as offenses which are defined as involving moral turpitude are considered bars to immigration into the U.S.
Use in United States immigration law
An arrest that does not lead to a conviction technically causes a person to be inadmissible (under the Visa Waiver Program) to the United States if that arrest was for an offense or crime involving moral turpitude or if they have multiple arrests or convictions where the possible jail time would be greater than five years under U.S. law. There are Petty Offense exceptions to this rule, even if convicted, although these exceptions do not change the meaning of the question on the Visa Waiver ProgramVisa Waiver Program
The Visa Waiver Program is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S...
and cannot be self-certified. A police caution
Police caution
A police caution is a formal alternative to prosecution in minor cases, administered by the police and other law enforcement agencies in England and Wales, and in Hong Kong...
for cannabis
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
use would also deem a person inadmissible as this would be "a violation related to a controlled substance".
A CIMT (Crime Involving Moral Turpitude) causes the alien to be inadmissible to the United States under section 212(a)(2)(i)(I) on the INA (Immigration Nationality Act). A controlled substance violation causes the alien to be inadmissible to the United States under section 212(a)(2)(i)(II) of the INA. They are two different sections of the law. A controlled substance violation is a CIMT. The immigration administrative proceeding does not use a controlled substance violation as a CIMT. A visa waiver program applicant admissibility is determined at the port of entry and they are subject to section 212(a) and 217 of the INA.
Visa Waiver Program
The first question on document I-94W for those visiting the U.S. on the Visa Waiver ProgramVisa Waiver Program
The Visa Waiver Program is a program of the United States Government which allows citizens of specific countries to travel to the United States for tourism or business for up to 90 days without having to obtain a visa. The program applies to the 50 U.S. states as well as the U.S...
asks:
Have you ever been arrested or convicted for an offense or crime involving moral turpitude or a violation related to a controlled substance; or been arrested or convicted for two or more offenses for which the aggregate sentence to confinement was five years or more; or been controlled substance trafficker; or are you seeking entry to engage in criminal or immoral activities?
Little guidance is provided to the traveler as to which offenses are included in the definition; however the website of the U.S. embassy in London
Embassy of the United States in London
The Embassy of the United States of America to the Court of St. James's has been located since 1960 in the American Embassy London Chancery Building, in Grosvenor Square, Westminster, London...
states that a visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
is required for anyone who has ever been arrested or convicted for any offense. This appears to be at variance with the question on form I-94W and information supplied by the US Department of Homeland Security as there are many offenses that are not considered to involve moral turpitude
U.S. government guidance on determining moral turpitude
A definition of moral turpitude is available for immigration purposes on the United States Department of StateUnited States Department of State
The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries...
website.
For offenses (or arrests on suspicion of such offenses) occurring outside the U.S., the locally defined offense must be considered against the U.S. definitions, and in such cases it is the definition of the offense (as defined in the appropriate country) which is considered for immigration purposes, and not the circumstances of the individual's actual case.
| Category | Crimes involving moral turpitude | Crimes not involving moral turpitude |
|---|---|---|
| Crimes Against Property | Fraud Fraud In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation... :
Evil intent:
|
Property Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation... (where intent to damage not required) Joyride (crime) To joyride is to drive around in a stolen car, boat, or other vehicle with no particular goal, a ride taken solely for pleasure.In English law, joyriding is not considered to be theft, because the intention to "permanently deprive" the owner of the vehicle cannot be proven... (where the intention to take permanently not required) Juvenile delinquency Juvenile delinquency is participation in illegal behavior by minors who fall under a statutory age limit. Most legal systems prescribe specific procedures for dealing with juveniles, such as juvenile detention centers. There are a multitude of different theories on the causes of crime, most if not... |
| Crimes Committed Against Governmental Authority |
Bribery Bribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or... Fraud In criminal law, a fraud is an intentional deception made for personal gain or to damage another individual; the related adjective is fraudulent. The specific legal definition varies by legal jurisdiction. Fraud is a crime, and also a civil law violation... against revenue or other government functions Perjury Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the... Fugitive A fugitive is a person who is fleeing from custody, whether it be from private slavery, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals... from justice (with guilty knowledge) 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,... (willful) |
Underground economy A black market or underground economy is a market in goods or services which operates outside the formal one supported by established state power. Typically the totality of such activity is referred to with the definite article as a complement to the official economies, by market for such goods and... violations Breach of the peace Breach of the peace is a legal term used in constitutional law in English-speaking countries, and in a wider public order sense in Britain.-Constitutional law:... Desertion In military terminology, desertion is the abandonment of a "duty" or post without permission and is done with the intention of not returning... from the Armed Forces Disorderly conduct Disorderly conduct is a criminal charge in most jurisdictions in the United States. Typically, disorderly conduct makes it a crime to be drunk in public, to "disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such... Reckless driving Reckless driving is a major moving traffic violation. As a legal term, it is used within the United States. This offence has been abolished in the United Kingdom and replaced... Prison escape A prison escape or prison break is the act of an inmate leaving prison through unofficial or illegal ways. Normally, when this occurs, an effort is made on the part of authorities to recapture them and return them to their original detainers... Conscription Conscription is the compulsory enlistment of people in some sort of national service, most often military service. Conscription dates back to antiquity and continues in some countries to the present day under various names... Firearm A firearm is a weapon that launches one, or many, projectile at high velocity through confined burning of a propellant. This subsonic burning process is technically known as deflagration, as opposed to supersonic combustion known as a detonation. In older firearms, the propellant was typically... violations 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... violations Immigration Immigration is the act of foreigners passing or coming into a country for the purpose of permanent residence... violations Distilled beverage A distilled beverage, liquor, or spirit is an alcoholic beverage containing ethanol that is produced by distilling ethanol produced by means of fermenting grain, fruit, or vegetables... violations Loan shark A loan shark is a person or body that offers unsecured loans at illegally high interest rates to individuals, often enforcing repayment by blackmail or threats of violence.... ing Lottery A lottery is a form of gambling which involves the drawing of lots for a prize.Lottery is outlawed by some governments, while others endorse it to the extent of organizing a national or state lottery. It is common to find some degree of regulation of lottery by governments... violations Moving violation A moving violation is any violation of the law committed by the driver of a vehicle while it is in motion. The term "motion" distinguishes it from other violations such as parking violations, equipment violations, or paperwork violations relating to insurance, registration, inspection, etc.-... Burglary Burglary is a crime, the essence of which is illicit entry into a building for the purposes of committing an offense. Usually that offense will be theft, but most jurisdictions specify others which fall within the ambit of burglary... tools (without intent to commit burglary) Smuggling Smuggling is the clandestine transportation of goods or persons, such as out of a building, into a prison, or across an international border, in violation of applicable laws or other regulations.There are various motivations to smuggle... and customs violations (where intent to commit fraud is absent) Tax avoidance and tax evasion Tax noncompliance describes a range of activities that are unfavorable to a state's tax system. These include tax avoidance, which refers to reducing taxes by legal means, and tax evasion which refers to the criminal non-payment of tax liabilities.... (without intent to defraud) Vagrancy (people) A vagrant is a person in poverty, who wanders from place to place without a home or regular employment or income.-Definition:A vagrant is "a person without a settled home or regular work who wanders from place to place and lives by begging;" vagrancy is the condition of such persons.-History:In... |
| Crimes Committed Against Person, Family Relationship, and Sexual Morality |
Abandonment The term abandonment has a multitude of uses, legal and extra-legal. This "signpost article" provides a guide to the various legal and quasi-legal uses of the word and includes links to articles that deal with each of the distinct concepts at greater length... of a minor child (if willful and resulting in the destitution of the child) Adultery Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is... (see INA 101** repealed by Public Law 97-116) Assault In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more... (this crime is broken down into several categories, which involve moral turpitude):
Bigamy In cultures that practice marital monogamy, bigamy is the act of entering into a marriage with one person while still legally married to another. Bigamy is a crime in most western countries, and when it occurs in this context often neither the first nor second spouse is aware of the other... Paternity fraud Paternity fraud refers to a paternal discrepancy or a non-paternity event, in which a mother names a man to be the biological father of a child, particularly for self-interest, when she knows or suspects that he is not the biological father. The term entered into common use in the late 1990s. It... Child Biologically, a child is generally a human between the stages of birth and puberty. Some vernacular definitions of a child include the fetus, as being an unborn child. The legal definition of "child" generally refers to a minor, otherwise known as a person younger than the age of majority... Decency Decency is the quality or state of conforming to social or moral standards of taste and propriety.-See also:*Taste *Communications Decency Act*Public indecency*Indecent exposure*Sodomy law*Norm *Grotesque body... Kidnapping In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority... Lascivious "Lascivious" is a word synonymous with lustful or lewd or unruly .- Legal usage :In American legal jargon, lascivious is a semi-technical term indicating immoral sexual thoughts or actions. It is often used in the legal description of criminal acts in which some sort of sexual activity is... Manslaughter Manslaughter is a legal term for the killing of a human being, in a manner considered by law as less culpable than murder. The distinction between murder and manslaughter is said to have first been made by the Ancient Athenian lawmaker Dracon in the 7th century BC.The law generally differentiates... :
Mayhem (crime) Mayhem is a criminal offence consisting of the intentional maiming of another person.Under the common law of England and Wales and other common law jurisdictions, it originally consisted of the intentional and wanton removal of a body part that would handicap a person's ability to defend himself in... Murder Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide... Procuring (prostitution) Procuring or pandering is the facilitation or provision of a prostitute in the arrangement of a sex act with a customer. Examples of procuring include:*trafficking a prostitute into a country for the purpose of soliciting sex... 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... Rape Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The... (including "Statutory rape Statutory rape The phrase statutory rape is a term used in some legal jurisdictions to describe sexual activities where one participant is below the age required to legally consent to the behavior... " by virtue of the victim's age) |
Assault In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more... (simple) (i.e., any assault, which does not require an evil intent or depraved motive, although it may involve the use of a weapon, which is neither dangerous nor deadly) Nuisance Nuisance is a common law tort. It means that which causes offence, annoyance, trouble or injury. A nuisance can be either public or private. A public nuisance was defined by English scholar Sir J. F... (where knowledge that premises were used for prostitution is not necessary) Incest Incest is sexual intercourse between close relatives that is usually illegal in the jurisdiction where it takes place and/or is conventionally considered a taboo. The term may apply to sexual activities between: individuals of close "blood relationship"; members of the same household; step... (when a result of a marital status prohibited by law) Obscenity An obscenity is any statement or act which strongly offends the prevalent morality of the time, is a profanity, or is otherwise taboo, indecent, abhorrent, or disgusting, or is especially inauspicious... letter Mann Act The White-Slave Traffic Act, better known as the Mann Act, is a United States law, passed June 25, 1910 . It is named after Congressman James Robert Mann, and in its original form prohibited white slavery and the interstate transport of females for “immoral purposes”... violations (where coercion is not present) Suicide Suicide is the act of intentionally causing one's own death. Suicide is often committed out of despair or attributed to some underlying mental disorder, such as depression, bipolar disorder, schizophrenia, alcoholism, or drug abuse... (attempted) |
| Attempts, Aiding and Abetting, Accessories and Conspiracy |
Crime Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction... deemed to involve moral turpitude Conspiracy (crime) In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement... (or attempting to take part in a conspiracy) to commit a crime involving moral turpitude where the attempted crime would not itself constitute moral turpitude. |
N/A |
| From the United States Department of State United States Department of State The United States Department of State , is the United States federal executive department responsible for international relations of the United States, equivalent to the foreign ministries of other countries... Foreign Affairs Manual |
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