CRIMES OF MORAL TURPITUDE

WHAT ARE THEY?

While there is a lack of a clear statutory definition for "crimes of moral turpitude," case law has provided some guidance on the topic.

The Antiterrorism and Effective Death Penalty Act of 1996 ("AEDPA") signed into law by President Clinton, has a provision which permits the deportation of aliens convicted of crimes of moral turpitude. Case law arising out of litigation involving the Act, generally shows the following to be crimes constituting moral turpitude:

1 murder;
2 voluntary manslaughter;
3 accessory after the fact to murder;
4 kidnapping;
5 attempted murder;
6 assault with intent to rob or kill or to commit abortion or rape; 
7 assault with a deadly weapon;
8 aggravated assault against a police officer;
9 child abuse;
10 incest;
11 bigamy;
12 lewdness;
13 arson;
14 blackmail
15 robbery;
16 burglary;
17 extortion;
18 malicious destruction of property;
19 student loan fraud;
20 counterfeiting, perjury, willful tax evasion;
21 welfare fraud;
22 crimes involving fraud.

Another example of such crimes can be found under the "Definition of Statutory Terms in the Pennsylvania Code:

§ 237.9. Crimes and misdemeanors involving moral turpitude.

 (a)  Definition. Moral turpitude includes the following:

   (1)  That element and personal misconduct in the private and social duties which a person owes to his fellow human beings or to society in general, which characterizes the act done as an act of baseness, vileness or depravity, and contrary to the accepted and customary rule of right and duty between two human beings.

   (2)  Conduct done knowingly contrary to justice, honesty or good morals.

   (3)  Intentional, knowing or reckless conduct causing bodily injury to another or intentional, knowing or reckless conduct which, by physical menace, puts another in fear of imminent serious bodily injury.

 (b)  Elements of the crime or misdemeanor. A determination of whether a crime or misdemeanor involves moral turpitude will be determined based solely upon the elements of the crime or misdemeanor. The underlying facts or details of an individual criminal charge, indictment or conviction is not relevant to the issue of moral turpitude. The actual guilt or professed innocence of the charged, indicted or convicted professional educator is not relevant.

 (c)  Specific crimes or misdemeanors. Crimes or misdemeanors involving moral turpitude include the following:

   (1)  An offense under 18 Pa.C.S. (relating to crimes and offenses) listed in section 111(e)(1) of the Public School Code of 1949 (24 P. S. §  1-111(e)(1)).

   (2)  An offense designated as a felony under The Controlled Substance, Drug, Device and Cosmetic Act (35 P. S. § §  780-101—780-144).

   (3)  An offense of a criminal law of the Commonwealth, the Federal government or another state or territory of the United States, an element of which offense is delivery of a controlled substance or possession of a controlled substance with intent to deliver.

   (4)  A State offense, out-of-State offense or Federal offense similar in nature to crimes listed in paragraphs (1)—(3).

The State of Alaska has the following SHORT description for:

CRIMES OF MORAL TURPITUDE --- includes those crimes which are immoral or wrong in and of themselves, such as murder, sexual assault, robbery, kidnapping, incest, arson, burglary, theft and forgery. See AS 15.60.010(8).

Alaska Definitions

The State of Iowa finds that:

.. willfully attempting to evade and defeat payment of income taxes and

failure to file tax returns are crimes of moral turpitude.
This is also the case for the State of South Carolina.