Crimes of Moral Turpitude



 
 

§ 8.22 (A)

 
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(A)

In General.  Criminal convictions for violation of regulatory statutes are generally not considered to involve moral turpitude because there is nothing inherently wrong with engaging in the particular activity in itself, except that it is unlicensed, unauthorized, or someone has merely passed a law against it.[186]


[186] Chaunt v. United States, 364 U.S. 350, 81 S.Ct. 147 (1960) (conviction of distributing handbills in violation of city ordinance, concealed in the course of a naturalization proceeding, held not to be a crime involving moral turpitude); United States v. Carrollo, 30 F.Supp. 3 (W.D. Mo. 1939) (conducting a lottery was not considered a crime of moral turpitude); Matter of S, 9 I. & N. Dec. 688 (BIA 1962) (violation of gambling laws); Matter of K, 8 I. & N. Dec. 310 (BIA 1959) (ration law violation); Matter of B, 6 I. & N. Dec. 98 (BIA 1954) (conviction of conspiracy to violate New York Banking Law § § 340 (which prohibits the conduct of a small loan business without a license) and 357 (which prohibits a nonlicensee from charging more than 6 percent interest) (usury) is not a crime involving moral turpitude since those sections are only a licensing and regulatory enactment, and do not require any criminal intent, as negligent over-collection of interest is sufficient for conviction); Matter of J, 2 I. & N. Dec. 99 (BIA 1944) (selling liquor to Native Americans). 

 

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