Key Takeaways

1. Moral turpitude is a broad and often subjective legal concept referring to conduct that gravely violates accepted community standards of morality, honesty, or justice.
2. Its definition and application vary by jurisdiction, but it plays a critical role in immigration law, professional licensing, and other legal contexts where an individual's moral character is assessed.
3. Crimes involving moral turpitude can have severe legal consequences, including deportation for non-citizens and disqualification from certain professions.

Understanding Moral Turpitude: Definition and Origins

What Is Moral Turpitude?

Moral turpitude is a legal term used primarily in the United States to describe conduct that is considered contrary to justice, honesty, or good morals. According to the Merriam-Webster Legal Dictionary, moral turpitude encompasses acts or behaviors that are regarded as gravely immoral or dishonest by societal standards. This concept is not limited to criminal acts; it can also include behaviors or omissions that run afoul of accepted community standards.

The term’s origins can be traced back to common law, where it was used to distinguish between crimes or actions that reflect moral depravity and those that do not. Over time, the concept has evolved, but its core remains the same: it involves conduct that shocks the public conscience or is considered inherently base, vile, or depraved.

The Subjectivity of Moral Turpitude

One of the defining characteristics of moral turpitude is its subjectivity. The Legal Information Institute at Cornell Law School defines it as wicked or deviant behavior that constitutes an immoral departure from ordinary social standards. This means that what is considered an act of moral turpitude can vary widely depending on the time, place, and cultural context. For example, certain behaviors may be seen as morally reprehensible in one community but not in another.

Because of this subjectivity, courts and administrative agencies often have broad discretion in determining whether specific conduct constitutes moral turpitude. As a result, individuals facing legal proceedings that involve questions of moral character should be aware that the outcome may depend heavily on the specific facts of their case and the prevailing community standards.

Application of Moral Turpitude in Legal Contexts

Crimes Involving Moral Turpitude (CIMT)

The concept of crimes involving moral turpitude (CIMT) is central to many areas of law, especially immigration. These are typically offenses that involve dishonesty, fraud, or conduct that is considered inherently immoral. According to USCIS, moral turpitude attaches to any crime against property that involves fraud, whether the victim is the government or an individual.

Common examples of CIMTs include:

• Fraud
• Theft
• Embezzlement
• Perjury
• Assault with intent to cause serious harm

These crimes are seen as reflecting a person's willingness to violate societal norms and expectations in a particularly egregious way.

Immigration Law

Perhaps the most significant legal context in which moral turpitude arises is immigration law. Non-citizens who are convicted of crimes involving moral turpitude may face serious immigration consequences, including inadmissibility, denial of visas, or even deportation. As explained by Nolo, immigration officials and judges may determine whether a crime involves moral turpitude based on whether the act is perceived as "morally wrong" or "mean and nasty" by community standards.

The impact of a CIMT conviction can be severe. For example, under the Immigration and Nationality Act (INA), a non-citizen may be rendered inadmissible or removable if convicted of a CIMT within five years of admission to the U.S. and the offense carries a potential sentence of one year or more.

Professional Licensing and Employment

Moral turpitude also plays a critical role in professional licensing and employment. Many professions—such as law, teaching, medicine, and accounting—require individuals to demonstrate good moral character as a condition of licensure. A finding that an applicant has engaged in conduct involving moral turpitude can lead to denial, suspension, or revocation of a professional license.

For example, the Nebraska Department of Education provides guidance on moral turpitude for educators, noting that it includes both actions and inactions that violate societal standards of justice, honesty, or morality. Similarly, state bars and medical boards often review criminal convictions or allegations of unethical conduct under the lens of moral turpitude when determining eligibility for licensure.

State Law Variations

Because moral turpitude is a broad and somewhat amorphous concept, its definition and application can differ significantly from one jurisdiction to another. Some states provide statutory lists of offenses considered to involve moral turpitude, while others rely on case law or administrative guidance.

For example, the Alabama Secretary of State maintains a list of crimes involving moral turpitude, which includes both the commission and solicitation of such offenses. In Pennsylvania, the Pennsylvania Code defines moral turpitude as including personal misconduct in private and social duties owed to fellow human beings.

Examples and Challenges in Defining Moral Turpitude

Examples of Crimes and Conduct

While the exact list of offenses may vary, certain crimes are almost universally recognized as involving moral turpitude. These include:

• Fraud and theft: Offenses that involve deception or misappropriation of property.
• Bribery and perjury: Acts that undermine the integrity of public institutions.
• Violent crimes: Especially those committed with malicious intent or extreme disregard for human life.
• Sexual offenses: Particularly those involving exploitation or abuse.

However, not all crimes are considered CIMTs. For example, simple assault, disorderly conduct, or driving under the influence (DUI) are generally not regarded as involving moral turpitude unless accompanied by aggravating circumstances.

The Challenge of Subjectivity

The subjective nature of moral turpitude can create legal uncertainty. Courts and agencies must interpret whether specific conduct rises to the level of moral turpitude, often relying on precedent, statutory language, and community standards. This can lead to inconsistent results, making it difficult for individuals to predict the consequences of their actions.

For instance, a conviction for shoplifting may be considered a CIMT in one jurisdiction but not in another, depending on the value of the goods stolen or the presence of aggravating factors. This underscores the importance of consulting legal counsel when facing allegations or charges that could implicate moral turpitude.

The Importance of Understanding Moral Turpitude

Legal Implications

Understanding the concept of moral turpitude is crucial for anyone navigating the U.S. legal system, especially non-citizens and professionals subject to licensing requirements. A finding of moral turpitude can have life-altering consequences, including:

• Deportation or inadmissibility for non-citizens
• Loss or denial of professional licenses
• Damage to personal and professional reputation

Seeking Legal Guidance

Given the complexity and subjectivity of moral turpitude, individuals facing legal issues involving this concept should seek experienced legal counsel. Attorneys can provide guidance on the specific laws and precedents that apply in a given jurisdiction, as well as strategies for defending against allegations of moral turpitude.

For attorneys and legal professionals, in-depth research and up-to-date resources—such as those available at Counsel Stack—are invaluable for navigating the nuanced and evolving landscape of moral turpitude law.

Conclusion

Moral turpitude is a foundational yet complex legal concept that serves as a measure of an individual's adherence to societal standards of morality, honesty, and justice. Its application spans immigration law, professional licensing, and beyond, with significant consequences for those found to have engaged in conduct that meets this standard. Because the definition and scope of moral turpitude can vary by jurisdiction and circumstance, it is essential for individuals and attorneys alike to approach these issues with careful legal analysis and thorough research.

Disclaimer: This guide provides a general overview of moral turpitude and is not a substitute for legal advice. The definition and application of moral turpitude can vary significantly by jurisdiction and specific circumstances. For advice on a particular case, consult a qualified attorney.