What Is Moral Turpitude? Crimes, Consequences & Legal Options
Moral turpitude describes crimes involving conduct that shocks public conscience and violates community moral standards. A conviction can devastate your employment, immigration status, and credibility, but legal options like post-conviction relief, charge reduction, and dismissal motions may protect your future.
Respond to LawsuitFew legal terms carry as much weight as “moral turpitude.” In the United States, countless deportation cases hinge on this single concept. A conviction can drastically alter your life, affecting your career, immigration status, and reputation. Understanding moral turpitude is essential for protecting your rights.
What Does Moral Turpitude Mean?
American courts define moral turpitude as behavior that shocks the public conscience. They view it as base, vile, or depraved conduct that violates morality. A crime involving moral turpitude (CIMT) requires willful conduct by the perpetrator. The offense must be morally reprehensible and characterized by evil intent or recklessness.
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Respond to Your LawsuitThe prosecution must prove the perpetrator knew the act was wrong beforehand. CIMTs can apply to almost any crime if circumstances warrant it. The consequences reach far beyond typical criminal penalties.
How Are Moral Turpitude Crimes Exhibited?
Judges and juries consider your state of mind when determining moral turpitude. They examine whether you acted with malicious intent or reckless disregard. The crime itself doesn’t automatically qualify as moral turpitude. Context matters significantly in these cases.
Common Examples of Moral Turpitude Crimes
- Murder and voluntary manslaughter
- Perjury and fraud
- Assault with intent to cause bodily harm
- Lewd acts on a minor
- Armed felon charges
- Hit-and-run crimes
- Auto grand theft
- Arson
- Child abuse
- Criminal threats
- Burglary and robbery
- Domestic violence
- Failing to register as a sex offender
- Possessing and selling controlled substances
- Rape and sexual assault
- Welfare fraud
- Receiving stolen property
- Trespass with intent to damage property
Real Example of Moral Turpitude Analysis
Kim received welfare assistance while attending college with her two children. She met someone who provided financial support after they moved in together. Kim failed to report this change and continued receiving benefits. When one child moved to their grandmother’s home, Kim kept those benefits too.
Prosecutors charged Kim with welfare fraud and moral turpitude. However, the judge dropped the moral turpitude designation. Why? Kim saved the money to protect herself and her children from future vulnerability. The judge determined her intent didn’t reach moral turpitude’s shocking standard.
How Does a Conviction for Moral Turpitude Affect Your Life?
Moral turpitude reflects directly on your integrity and truthfulness. A conviction carries severe consequences across multiple areas of your life. The effects can last for years or even permanently.
Employment Consequences
Your professional license faces immediate jeopardy with a moral turpitude conviction. Professional boards frequently suspend or revoke licenses for these offenses. In Kentucky, such convictions result in automatic employment termination. Many employers conduct background checks that flag these convictions. Your career advancement opportunities may disappear entirely.
Witness Credibility Issues
You lose credibility if called as a witness in court. The opposing attorney will use your conviction to question your truthfulness. Juries often discount testimony from witnesses with moral turpitude convictions. Your ability to help friends or family in legal matters becomes compromised.
Immigration Status Threats
Crimes of moral turpitude create serious immigration problems. The Immigration Act of 1917 lists these crimes as deportation grounds. The Immigration and Nationality Act of 1952 restricts country entry following conviction. Our partner Solo can help you understand how debt-related charges might affect your status.
Several factors determine deportation or admission denial:
- Whether you face multiple moral turpitude charges
- Crime commission within five years of entering the country
- Jail time imposed upon conviction
- Whether the offense occurred before or after US entry
The Board of Immigration Appeals can classify any crime as moral turpitude. The designation isn’t a specific crime but a category label. Each case receives individual evaluation based on unique circumstances.
How Do You Respond to a Crime Involving Moral Turpitude?
Courts determine moral turpitude crimes on a case-by-case basis. Speaking with a lawyer early helps protect your rights. An attorney can assess whether your conviction truly involves moral turpitude. You have the right to state-paid counsel in criminal defense cases.
Take Advantage of Post-Conviction Relief
Several post-conviction relief options exist for moral turpitude convictions. You might qualify for re-sentencing based on crime severity. Ineffective counsel may provide grounds for post-conviction relief. You can potentially receive legal relief despite conviction charges. Immigration consequences might be reduced through proper post-conviction motions.
Request Charge Reductions
The state cannot dismiss charges when supporting evidence exists. However, you can request a reduction in criminal charges. The underlying criminal charges may remain on your record. You avoid the severe consequences of moral turpitude designation. Reduced charges protect your immigration status and professional credibility.
File a Motion for Dismissal
Only criminal convictions involving moral turpitude compromise your status. Conviction requires guilt beyond a reasonable doubt. Doubt in your case allows you to challenge allegations with strong defense. Evidence against you might be illegally obtained or insufficient.
You can file a dismissal motion when evidence is weak. No case means no conviction and no moral turpitude classification. Your attorney can identify procedural errors that warrant dismissal. Fighting charges before conviction is always your best strategy.
Supreme Court Definition and Legal Interpretation
The Supreme Court defines moral turpitude as conduct contrary to community standards. The definition encompasses violations of justice, honesty, or good morals. However, no single definitive Supreme Court definition exists. Courts interpret and apply the concept variably across legal contexts.
Immigration law uses moral turpitude most frequently for inadmissibility determinations. Determining what constitutes moral turpitude requires examining multiple factors. State or federal law defining the crime matters significantly. The offense nature and surrounding circumstances receive careful review.
Crime Categories Often Classified as Moral Turpitude
- Fraud and Deceit: Intentional deception for personal gain
- Larceny: Unlawful taking of property with intent to permanently deprive
- Intent to Harm: Crimes involving substantial harm like murder or assault
- Sexual Offenses: Rape, child abuse, and prostitution charges
Landmark Cases Defining Moral Turpitude
Matter of Danesh: The Board of Immigration Appeals held attempted petty theft involved moral turpitude. The case established that even minor theft attempts can qualify.
Matter of Silva-Trevino: Established a framework for determining moral turpitude crimes. Courts must consider crime nature and the individual’s actual conduct.
Matter of K-: The BIA held that perjury constitutes moral turpitude. Deliberately lying under oath shocks the public conscience sufficiently.
Matter of Tobar-Lobo: Concluded that bribery qualifies as moral turpitude. Corruption of public officials violates fundamental community standards.
These cases demonstrate moral turpitude’s complex and evolving nature. Application varies significantly from case to case. Legal interpretation continues to develop through ongoing court decisions.
Protecting Your Rights Against Moral Turpitude Charges
Moral turpitude charges require immediate legal attention. The stakes are too high to navigate without professional help. Your attorney can challenge the designation before it sticks. Early intervention often prevents the worst consequences.
Document everything related to your case from the beginning. Gather evidence showing your intent and state of mind. Character witnesses can demonstrate the charge doesn’t reflect your true nature. Building a strong defense early improves your chances significantly.
If you’re facing debt-related charges that could involve moral turpitude, our partner Solo can help you respond to debt lawsuits and negotiate settlements. Taking action quickly protects your future from devastating consequences.