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A crime of moral turpitude is a criminal act involving baselessness, vileness, or depravity in the duties of society. It is an act that is extremely immoral relative to how a person should behave. You may hear it referred to as a CIMT, or crime involving moral turpitude.
Our experienced Columbia criminal defense lawyers explain the charges associated with these crimes and how to fight them if you’ve been accused of one.
Definition of “Moral Turpitude” in Legal Terms
Although a conviction for a crime involving moral turpitude can have severe consequences, official legal definitions are not precise. There are various definitions for moral turpitude.
South Carolina
The South Carolina Supreme Court defines a crime of moral turpitude as an act of baseness, vileness, or depravity, considering the private and social duties that a person owes to his fellow person or to society in general. It is contrary to the accepted duties that people owe to each other (State v. Horton, 271 S.C. 413 (1978)).
U.S. immigration courts
U.S. immigration courts do not explicitly define crimes involving moral turpitude. Instead, like South Carolina, immigration courts have defined CIMT through case law. The definition includes conduct that shocks the conscience because of its baseness, vileness, depravity, or contradiction to morality. Generally, a CIMT is both morally reprehensible and committed recklessly or intentionally (Medina v. United States, 259 F.3d 220, 227 (4th Cir. 2001)).
Examples of Common Crimes of Moral Turpitude
Crimes of moral turpitude examples generally fall into four categories.
Crimes against a person
- Murder, homicide
- Death with a reckless disregard for safety
- Kidnapping
- Assault with intent to kill
- Assault with a dangerous weapon
Crimes against property
- Theft, larceny
- Robbery
- Carjacking
- Forgery
- Arson
Sexual and family crimes
- Domestic violence
- Sexual assault
- Child sexual assault
- Child abuse
Crimes against the government
- Bribery
- Counterfeiting
There is no comprehensive list of what counts as a crime involving moral turpitude. What counts may change over time as society’s viewpoints change.
Why These Charges Matter in Immigration and Employment
A crime of moral turpitude can be particularly damaging in immigration and employment issues.
Immigration
U.S. immigration regulation § 316.10 states that crimes involving moral turpitude require a finding that the applicant lacks good moral character. There are some exceptions.
A finding of good moral character is a critical eligibility factor for U.S. naturalization.
In addition to crimes of moral turpitude that show a lack of good moral character, certain convictions are unconditional and permanent bars to naturalization, including murder, aggravated felony, and torture (§ 316(a)(3)).
Immigration authorities can look beyond the name of the conviction to inquire if the offense evidenced moral turpitude (Matter of Silva-Trevino, 24 I&N Dec. 687 (A.G. 2008)). That means it can be hard to know, at the time of negotiating a plea offer or otherwise disposing of criminal charges, if immigration authorities will consider the conviction a CIMT.
Employment
A conviction for a crime involving moral turpitude can hinder employment and professional licensing. For example, the South Carolina Bar considers crimes of moral turpitude professional misconduct (Rule 8.4). There are many careers for which a CIMT may be a problem for professional licensing (see nursing, teaching, and mixed martial arts).
Conviction of a CIMT can result in license suspension or revocation. It may also result in dismissal from employment or make it more difficult to get a job.
How a Conviction Affects Your Criminal Record
A crime of moral turpitude can have immediate consequences and remain on your criminal record. Many CIMTs can carry long periods of incarceration. Because CIMTs are considered highly offensive crimes, judges often sentence on the high end of possibilities. Plus, any future charges may be treated more seriously.
Can You Fight or Expunge a Moral Turpitude Conviction?
It may be possible to expunge a moral turpitude conviction. South Carolina has an expungement process, but not many crimes of moral turpitude qualify. (Learn more about Which Crimes Are Eligible for Expungement.)
USCIS says that expungement of the record of conviction of a crime of moral turpitude does not negate the conviction for immigration purposes. See 8 CFR § 316.10(c)(3)(i).
Your best option is to fight the charges. Aggressively fighting criminal charges can result in a dismissal, finding of not guilty, or a favorable plea agreement. You may have representation from a lawyer.
When To Speak With an Experienced Columbia Criminal Defense Attorney
The best time to speak with an experienced Columbia criminal defense attorney is as soon as you are aware that you’re under investigation or facing charges. How you handle the case early can significantly improve the case outcome and your future.
For example, when negotiating a plea, a lawyer can guide their client to a charge with elements not involving moral turpitude. The lawyer should look for plea options that involve negligence, rather than reckless or intentional conduct. Although immigration authorities may inquire further, pleading guilty only to conduct that is not a CIMT can create vagueness and room for the court to consider the matter, rather than issue a fast rejection. An attorney can also help you move to suppress evidence and take your case to trial.
Contact Us
Are you facing criminal charges? It’s important to understand crimes of moral turpitude and how a conviction may impact you. Get legal representation now. Call or message Shealey Law Firm to talk to an attorney now.