Also known as:morally depraved · moral-depravity · moral turpitude
Written by attorneys · grounded in primary & secondary sources — see below
Conduct or a state of mind exhibiting extreme moral corruption or wickedness regarded by public opinion as involving moral turpitude.
Sources & Authorities
How it applies
Common Examples
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Slander Accusation of Drug Trafficking
Dispatcher Carla told several drivers that Luis had been caught transporting illegal drugs for a gang on his route. The statement was false and published orally. Because the accusation imputed criminal conduct regarded by public opinion as involving moral depravity, Luis could recover without proving special damages.
Death Penalty for Child Rape
Nancy, an elementary school principal, sexually assaulted a ten-year-old student after school hours. The assault caused no death or intent to kill. The state's statute authorized capital punishment for such conduct by a school administrator, but the offense did not reach the level of moral depravity justifying death under the Eighth Amendment.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Dictionaries
Kennedy v. Louisiana554 U.S. 407, 128 S.Ct. 2641, 171 L.Ed.2d 525 (2008)
Sterilization of Habitual Criminal
Oklahoma sought to sterilize a man convicted multiple times of felonies involving moral depravity. The state statute defined habitual criminals by reference to such offenses. The Court examined whether the classification violated equal protection because the moral depravity label did not apply uniformly across similar crimes.
Skinner v. Oklahoma ex rel. Williamson316 U.S. 535 (1942)
Mandatory Life Sentence for Juvenile
A fourteen-year-old was convicted of homicide and received a mandatory life sentence without parole. The sentencing court did not consider the offender's age or capacity for change. The moral depravity of the crime alone could not justify the sentence without individualized assessment of the juvenile's characteristics.
Miller v. Alabama567 U.S. 460 (2012)
Stop Based on Observed Conduct
An officer stopped a man after seeing him repeatedly reach into his pocket in a high-crime area. The observed behavior did not rise to the level of particularized suspicion required for a lawful stop. The stop therefore lacked the required justification under Fourth Amendment standards.
Sibron v. New York392 U.S. 40 (1968)
Peremptory Challenge Based on Race
A prosecutor used peremptory challenges to remove all Black jurors from the panel in a criminal trial. The pattern suggested the challenges rested on race-based assumptions rather than case-specific factors. The practice violated the Equal Protection Clause.
Swain v. Alabama380 U.S. 202 (1965)
Common questions
Frequently Asked
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When does an accusation of crime qualify as slander per se under the moral depravity standard?+
An accusation qualifies when it imputes conduct that public opinion regards as involving moral turpitude, such as drug trafficking or embezzlement. The statement need not be written. The plaintiff may recover without proving special damages once the per se category is established.
Supporting sources
Does moral depravity alone justify the death penalty for non-homicide offenses?+
No. The Eighth Amendment prohibits capital punishment for crimes that do not result in death even when the conduct demonstrates significant moral depravity. Factors such as the offender's position of trust or the victim's vulnerability do not overcome the categorical rule.
Supporting sources
How does moral depravity affect lawyer discipline after a criminal conviction?+
A lawyer’s sexual relationship with a client in exchange for money during an ongoing domestic relations representation constitutes professional impropriety and moral turpitude. Such conduct seriously jeopardizes the client’s interests in pending court proceedings, reflects adversely on the integrity of the profession, and warrants disciplinary sanctions such as suspension.
Supporting sources
138 S. Ct. 2392 (2018)Legislation and Regulation
…many crimes enumerated in the statute is inadmissible and therefore ineligible to receive a visa. See §1182(a)(2)(A) (crime of moral turpitude or drug offense); §1182(a)(2)(C) (drug trafficking or benefiting from a relative who recently trafficked drugs); §1182(a)(2)(D) (prostitution or “unlawful commercialized vice”);…