Also known as:illicits · illicitly · illicenciatus · unlawful · illegal
Written by attorneys · grounded in primary & secondary sources — see below
An adjective describing conduct, agreements, or purposes that are illegal or contrary to public policy. The label attaches when the underlying act or objective violates criminal statutes, civil prohibitions, or established legal norms.
Sources & Authorities
How it applies
Common Examples
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Unlawful Act Manslaughter
Igor Ito drove while intoxicated and struck a pedestrian. The collision resulted from his commission of the illicit act of driving under the influence. Because the death occurred during the unlawful act, the court convicted Ito of involuntary manslaughter under the common-law unlawful-act theory.
Discriminatory Loan Denial
Infinity Bank refused to make a residential mortgage to Iris Irons solely because of her national origin. The bank’s business includes residential real-estate transactions. The refusal constituted an illicit denial of a transaction on a prohibited ground, exposing the bank to liability under the Fair Housing Act.
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Cases
Statutes
Uniform Acts
Model Codes
Common Law
Restatements
Isla Ireland created a trust to fund the operation of an unlicensed gambling hall. After the state criminalized all such operations, no lawful purpose remained. The trust therefore terminated because its purposes had become illicit and impossible to achieve.
Contract Interpretation Preference
Ike Ingram and Ideal Solutions signed a supply agreement containing two contradictory quantity clauses. One reading rendered part of the deal illicit under antitrust law. The court adopted the alternative reading that preserved a reasonable, lawful, and effective meaning for every term.
Director Oppression Claim
Imperial Motors directors diverted corporate assets to an illicit side venture they controlled. A minority shareholder petitioned for dissolution. The court found that the directors had acted in an illegal and oppressive manner sufficient to support judicial dissolution.
Force to Recapture Property
Ismael Ibrahim believed a neighbor had taken his tools and attempted to re-enter the neighbor’s shed by force. The neighbor had lawfully acquired the tools. Because the re-entry was illicit, the use of force was not justified under the Model Penal Code defense.
Common questions
Frequently Asked
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Does the term illicit require proof of criminal intent?+
No. Illicit simply denotes conduct or an objective that violates the law or public policy. In conspiracy cases, the agreement itself must target an illicit purpose, but the label attaches once the objective is shown to be unlawful regardless of the actor’s subjective awareness of its illegality.
Supporting sources
Can a trust terminate solely because its purpose is illicit?+
Yes. Under the Uniform Trust Code, a trust ends when its purposes become unlawful, contrary to public policy, or impossible to achieve. The termination occurs to the extent the illicit purpose can no longer be pursued, even if other trust provisions remain intact.
Supporting sources
How does an illicit act affect contract interpretation?+
Courts prefer an interpretation that gives every term a reasonable, lawful, and effective meaning. When one reading would render part of the agreement illicit, the court rejects that reading in favor of any alternative that preserves legality and full effect.
Supporting sources
Does an illicit corporate act automatically justify dissolution?+
Not automatically, but it supplies a statutory ground. When directors or controlling persons act in an illegal, oppressive, or fraudulent manner, a shareholder may petition for judicial dissolution under the Model Business Corporation Act.
Supporting sources
Is force justified to recapture property taken by illicit means?+
No. The Model Penal Code defense for recaption of property does not apply when the actor believes the taking was unlawful but the re-entry itself would be illicit because the other party lawfully possesses the property.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…258 (1871). It proffered resolutions, adopted by the Association, id. , at 38-39, recommending, among other things, that it "be unlawful and unprofessional for any physician to induce abortion or premature labor, without the concurrent opinion of at least one respectable consulting physician, and then always with a view to…