Written by attorneys · grounded in primary & secondary sources — see below
Conduct involving moral delinquency or base behavior. Such conduct is regarded by public opinion as involving moral turpitude when it reflects serious wrongdoing such as crimes involving dishonesty or harm to others.
Sources & Authorities
How it applies
Common Examples
6
Slander Accusation of Fraud
Tristan Thompson, an insurance broker, faced statements from Tyler Taylor accusing him of faking accident claims and facing felony charges. The statements were published to other agents during a sales call. Because the accusation imputed criminal conduct involving moral turpitude, Thompson could recover without proving specific economic loss.
Indemnity Between Joint Tortfeasors
Theresa Tucker and Tanya Tang were co-defendants in a negligence suit arising from a joint venture. Tucker sought indemnity from Tang after paying the full judgment. Because the underlying conduct involved moral turpitude, the court refused to apportion liability between them.
Select any source to read its text and confirm it supports the definition.
Cases
Restatements
Dictionaries
American Motorcycle Association v. Superior Court20 Cal.3d 578, 590, 578 P.2d 899, 906, 146 Cal.Rptr. 182, 189
Sterilization Statute Challenge
Tabitha Taylor faced proceedings under a state habitual-criminal sterilization law after multiple felony convictions. The statute defined habitual criminals by reference to felonies involving moral turpitude. The court examined whether the prior offenses met that standard before ordering sterilization.
Skinner v. Oklahoma ex rel. Williamson316 U.S. 535 (1942)
Immigration Advice on Plea
Taliah Tang, a noncitizen defendant, pleaded guilty to a theft offense on counsel's advice. The offense carried potential deportation consequences because it involved moral turpitude. Counsel's failure to warn about those consequences rendered the plea invalid.
Padilla v. Kentucky130 S. Ct. 1473, 1485 (2010)
Visa Ban Based on Conduct
Triumph Manufacturing employees sought entry after prior convictions. The government barred them under a proclamation targeting individuals convicted of crimes involving moral turpitude. The court upheld the exclusion as within executive authority over immigration.
Trump v. Hawaii138 S. Ct. 2392 (2018)
Stop and Frisk Evidence
Twin Rivers Bank security officers stopped a patron suspected of prior thefts. The officers relied on the patron's record of offenses involving moral turpitude. The court assessed whether that history supplied reasonable suspicion for the detention.
Sibron v. New York392 U.S. 40 (1968)
Common questions
Frequently Asked
3
When does an accusation of criminal conduct qualify as slander per se because it involves moral turpitude?+
An accusation qualifies when it imputes a serious offense punishable by imprisonment or regarded by public opinion as involving moral turpitude. The statement must be understood by listeners as asserting actual criminal conduct rather than mere speculation or exaggeration. Once that threshold is met, the plaintiff need not prove special damages.
Supporting sources
Does a lawyer's conviction for tax evasion involving willful concealment constitute professional misconduct because it reflects moral turpitude?+
Yes. A felony conviction for tax evasion that demonstrates willful deceit and concealment for personal gain reflects adversely on the lawyer's honesty and fitness to practice. The conviction itself establishes the requisite moral turpitude even when the conduct concerned only personal tax obligations.
Supporting sources
How does the presence of moral turpitude in a prior conviction affect the decision to admit details of that conviction in a later criminal trial?+
When the prior conviction involves moral turpitude, its details carry a heightened risk of unfair prejudice. If the defendant stipulates to felon status, the probative value of the full record drops sharply and the danger of propensity reasoning usually requires exclusion under Rule 403.
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”);…