Moral turpitude
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Moral Turpitude has multiple meanings in California criminal law. The most common one is that witnesses may be impeached if they have convictions or conduct that was moral turpitudinous. Another one that is probably as critical to know is that Crimes Involving Moral Turpitude (CIMT) can have immigration consequences. Less common is that convictions of moral turpitude may have an effect on professional licensing. Just because a crime is moral turpitude on one category, that does not mean it is moral turpitude in another category, which is why the list is broken down into three categories. For example, assault with a deadly weapon (PC245(a)(1)) is moral turpitude for impeachment, but not for attorney discipline. As another example, kidnapping (PC207) is moral turpitude for impeachment, but not for immigration.
Moral turpitude for impeachment purposes
Most of this table was stolen from Simons California Evidence Manual, §3:56, the CEB Criminal Law Procedure and Practice book, §24.46, and a list from Michael Ogul.
Moral turpitude as a standard for impeachment was created by People v. Castro (1985) 38 Cal.3d 301. It was defined as "general readiness to do evil." (Id. at pp. 313–314.)
Moral turpitude in an attorney disciplinary context is not necessarily moral turpitude for impeachment purposes. (People v. Thomas (1988) 206 Cal.App.3d 689, 701–702.)
| Code | Crime | Moral Turpitude | Citation | Notes |
|---|---|---|---|---|
| HSC11350 | Simple possession | No | People v. Castro (1985) 38 Cal.3d 301, 317 People v. Dossman (1985) 171 Cal.App.3d 843, 848–849 | |
| HSC11351 | Possession for sale | Yes | People v. Castro (1985) 38 Cal.3d 301, 317 People v. Dossman (1985) 171 Cal.App.3d 843, 848–849 | |
| HSC11352 | Transportation or sales | Yes | People v. Navarez (1985) 169 Cal.App.3d 936, 949 People v. Hunt (1985) 169 Cal.App.3d 668, 674 | |
| HSC11357 | Possession of marijuana | No | People v. Valdez (1986) 177 Cal.App.3d 680 | |
| HSC11358 | Cultivation of marijuana | Yes | People v. Gabriel (2012) 206 Cal.App.4th 450, 459 | |
| HSC11359 | Possession of marijuana for sale | Yes | People v. Standard (1986) 181 Cal.App.3d 431, 435 | |
| HSC11364 | Possession of paraphernalia | No | People v. Cloyd (1997) 45 Cal.App.4th 1402, 1409 | |
| HSC11366 | Maintaining place for controlled substances | Yes | People v. Vera (1999) 69 Cal.App.4th 1100 | |
| PC69 | Resisting executive officer | Yes | People v. Williams (1999) 72 Cal.App.4th 1460 | |
| PC136.1 | Dissuading a witness | Maybe | People v. Mickle (1991) 54 Cal.3d 140, 168 | Threatening witnesses to not testify is "morally lax" and indicates a readiness to lie. |
| PC148.9 | Giving false information to peace officer | Yes | People v. Steele (2000) 83 Cal.App.4th 212, 222–223 | |
| PC187 | Murder | Yes | People v. Johnson (1991) 233 Cal.App.3d 425, 459 | |
| PC192(a) | Voluntary manslaughter | Yes | People v. Foster (1988) 201 Cal.App.3d 20, 25 People v. Partner (1986) 180 Cal.App.3d 178, 187 People v. Parrish (1985) 170 Cal.App.3d 336, 349–350 | |
| PC192(b) | Involuntary manslaughter | No | People v. Solis (1985) 172 Cal.App.3d 877, 883 | |
| PC207 | Kidnapping | Yes | People v. Morris (1991) 53 Cal.3d 152, 195 People v. Zataray (1985) 173 Cal.App.3d 390, 400 | |
| PC211 | Robbery | Yes | People v. Collins (1986) 42 Cal.3d 378, 385 People v. Nguyen (1988) 204 Cal.App.3d 181, 187 People v. Rodriguez (1986) 177 Cal.App.3d 174, 178 People v. Brown (1985) 169 Cal.App.3d 800, 806 People v. Stewart (1985) 171 Cal.App.3d 59, 64 People v. Burns (1987) 189 Cal.App.3d 734, 739 | |
| Former PC217 | Assault with intent to commit murder | Yes | People v. Olmedo (1985) 167 Cal.App.3d 1085, 1097 People v. Sandoval (1992) 4 Cal. 4th 155, 177–178 | |
| PC220 | Assault with intent to commit rape | Yes | People v. Morris (1991) 53 Cal.3d 152, 195, disapproved on other grounds in People v. Stansbury (1995) 9 Cal.4th 824, 830, fn. 1 People v. Bonilla (1985) 168 Cal.App.3d 201, 205 | |
| PC236/PC237 | False imprisonment by violence or fraud | Yes | People v. Cornelio (1989) 207 Cal.App.3d 1580, 1585 | |
| PC240 | Simple assault | No | People v. Cavazos (1985) 172 Cal. App. 3d 589, 594 | |
| PC242 | Simple battery | No | People v. Mansfield (1988) 200 Cal.App.3d 82, 88 People v. Cavazos (1985) 172 Cal.App.3d 589, 594 People v. Lindsay (1989) 209 Cal.App.3d 849, 856 | |
| PC243(b) | Battery on officer | Yes | People v. Clarida (1987) 197 Cal.App.3d 547, 552 | |
| PC243(c) | Battery on officer with injury | Yes | People v. Lindsay (1989) 209 Cal.App.3d 849 | |
| PC243(d) | Battery with serious bodily injury | No | People v. Mansfield (1988) 200 Cal.App.3d 82, 89 | |
| PC243.4(d) | Sexual battery | Yes | People v. Chavez (2000) 84 Cal.App.4th 25, 30 | |
| PC245(a)(1) | Assault with a deadly weapon | Yes | People v. Thomas (1988) 206 Cal.App.3d 689, 700 People v. Armendariz (1985) 174 Cal.App.3d 674, 682 People v. Cavazos (1985) 172 Cal. App. 3d 589, 594 People v. Means (1986) 177 Cal. App. 3d 138, 139 People v. Valdez (1986) 177 Cal.App.3d 680, 696 |
Conc. opn. of Crosby, J. in People v. Heckathorne (1988)202 Cal.App.3d 458 is critical of 245(a)(1) as moral turpitude. |
| PC245(a)(4) | Assault with means likely to produce GBI | Yes | People v. Elwell (1988) 206 Cal.App.3d 171, 177 | |
| PC246 | Shooting into inhabited building | Yes | People v. White (1992) 4 Cal.App.4th 1299, 1302–1305 | |
| PC246.3 | Negligent discharge of firearm | Yes | People v. Feaster (2002) 102 Cal.App.4th 1084 | An indifference to the consequences of one's actions is moral turpitude. |
| PC261 | Rape | Yes | People v. Mazza (1985) 175 Cal.App.3d 836, 844 People v. Muldrow (1988) 202 Cal.App.3d 636, 649 | |
| PC261/644 | Attempted rape | Yes | People v. Morris (1991) 53 Cal.3d 152, 195 | |
| PC261 | Statutory rape before July 9, 1964 | No | People v. Flanagan (1986) 185 Cal.App.3d 764, 771–772 | |
| PC261.5, Former PC261 |
Statutory rape after July 9, 1964 | Yes | People v. Fulcher (1987) 194 Cal.App.3d 749, 754 | |
| PC266h | Pimping | Yes | People v. Jaimez (1986) 184 Cal.App.3d 146, 150 | |
| PC266i | Pandering | Yes | People v. Jaimez (1986) 184 Cal.App.3d 146, 150 | |
| PC273a | Child endangerment | No | People v. Sanders (1992) 10 Cal.App.4th 1268, 1274–1275 | 273a can occur by wholly passive conduct. |
| PC273d | Corporal injury on child | Yes | People v. Brooks (1992) 3 Cal.App.4th 669, 671–672 | |
| PC273.5 | Corporal injury on spouse | Yes | People v. Rodriguez (1992) 5 Cal.App.4th 1398, 1400–1402 | |
| PC288(a) | Lewd conduct on a minor | Yes | People v. Massey (1987) 192 Cal.App.3d 819, 823 | |
| PC314 | Indecent exposure | Yes | People v. Ballard (1993) 13 Cal.App.4th 687, 696 | |
| PC422 | Criminal threats | Yes | People v. Thornton (1992) 3 Cal.App.4th 419, 424 | |
| PC451 | Arson | Yes | People v. Miles (1985) 172 Cal. App. 3d 474, 482 | |
| PC459 | Burglary | Yes | People v. Collins (1986) 42 Cal.3d 378, 395 People v. Almarez (1985) 168 Cal.App.3d 262, 267–268 People v. Rodriguez (1986) 177 Cal.App.3d 174, 178 People v. Boyd (1985) 167 Cal.App.3d 36, 45 People v. Hunt (1985) 169 Cal.App.3d 668, 675 People v. Knowlden (1985) 171 Cal.App.3d 1052, 1057 People v. Bothuel (1988) 205 Cal.App.3d 581, 595 People v. Williams (1985) 169 Cal.App.3d 951, 957 People v. Muldrow (1988) 202 Cal.App.3d 636, 645 People v. Castro (1985) 186 Cal.App.3d 1211, 1215 | |
| PC459/PC664 | Attempted burglary | Yes | People v. Muldrow (1988) 202 Cal.App.3d 636, 645 | |
| PC470 | Forgery | Yes | People v. Almarez (1985) 168 Cal.App.3d 262, 267 People v. Flanagan (1986) 185 Cal.App.3d 764, 771 People v. Parrish (1985) 170 Cal.App.3d 336, 349 |
All the cases discuss "forgery" in the generic, so others such as PC475 could also apply. |
| PC487 | Grand theft | Yes | People v. Boyd (1985) 167 Cal.App.3d 36, 45 | |
| PC496 | Receiving stolen property | Yes | People v. Turner (1990) 50 Cal.3d 668, 705 People v. Rodriguez (1986) 177 Cal. App. 3d 174, 179 | |
| PC594 | Vandalism | Yes | People v. Campbell (1994) 23 Cal.App.4th 1488, 1492–1495 | At the time of Campbell, felony vandalism required at least $1,000 of damage, an amount which the court deemed non-trivial. Current felony 594 sets the minimum at $400. People v. Muniz (2011) 198 Cal.App.4th 1324, rev. granted, held misdemeanor vandalism was moral turpitude. |
| PC647(b) | Prostitution | Yes | People v. Alvarez (1996) 14 Cal.4th 155, 201, fn.11 People v. Chandler (1997) 56 Cal.App.4th 703, 708–709 | |
| PC647.6 | Child molestation | Probably yes | People v. Castro (1985) 38 Cal.3d 301, 315 | Castro did not per se hold 647.6 as moral turpitude, but did label "child molestation" as "moral depravity". |
| PC1320.5 | FTA for a felony while on bail | Yes | People v. Maestas (2005) 132 Cal.App.4th 1552, 1556–1558 | |
| PC4501.5 | Battery by inmate on non-inmate | Yes | People v. Williams (1985) 169 Cal.App.3d 951, 957 | People v. Mansfield (1988) 200 Cal.App.3d 82, 89, says that Williams was wrongly decided on this issue. |
| PC4530(c) | Escape by failure to return while on pass | Yes | People v. Lee (1991) 229 Cal.App.3d 1504, 1507–1510 | |
| PC4532(b) | Escape without force | Yes | People v. Lang (1989) 49 Cal.3d 991, 1009–1010 People v. Waldecker (1987) 195 Cal.App.3d 1152, 1158 | |
| PC25400 Former PC12025 |
Illegally carrying a concealed firearm | Yes | People v. Robinson (2005) 37 Cal.4th 592, 625–626 | |
| PC25400(a)(1) Former PC12025(a)(1) |
Illegally concealing a firearm in a vehicle | Yes | People v. Aguilar (2016) 245 Cal.App.4th 1010, rev. den. June 15, 2016,
S233451.) | |
| Former PC12020 | Possession of deadly weapon | Yes | People v. Garrett (1987) 195 Cal.App.3d 795 | Garrett was about a conspiracy to possess a regulated weapon, a hand grenade, violating U.S.C. §371 and 26 U.S.C. §5851(d). The court analogized it to the PC12020 series of laws, saying that such weapons are only used for criminal purposes. |
| PC29800(a)(1), Former PC12021(a)(1) |
Felon in possession | Yes | People v. Robinson (2011)199 Cal.App.4th 707, 712–715 People v. Littrel (1986) 185 Cal.App.3d 699, 703 |
Littrel involved an older version of the statute which forbade felons possessing concealable weapons. |
| PC17500, Former PC12024, Former PC467 |
Possession of deadly weapon with intent to assault | Yes | People v. Rivera (2003) 107 Cal.App.4th 1374, 1378–1382 | |
| PC30605, Former PC12280(b) |
Unlawful possession of assault weapon | Yes | People v. Gabriel (2012) 206 Cal.App.4th 450, 458 | |
| VC2800.2 | Evading | Yes | People v. Dewey (1996) 42 Cal.App.4th 216, 222–223 | |
| VC10851 | Joyriding | Yes | People v. Rodriguez (1986) 177 Cal.App.3d 174, 178 People v. Lang (1989) 49 Cal.3d 991, 1011 People v. Zataray (1985) 173 Cal.App.3d 390, 399 People v. Hunt 169 Cal.App.3d 668, 675 | |
| VC10851/PC664 | Attempted joyriding | Yes | People v. Rodriguez (1986) 177 Cal.App.3d 174, 178 | |
| VC20001 | Hit-and-run with injury | Yes | People v. Bautista (1990) 217 Cal.App.3d 1,7 | |
| VC23152 VC23550, Former 23175 |
4th DUI | Yes | People v. Forster (1994) 29 Cal.App.4th 1746, 1757 | The repeated nature is what makes it moral turpitude, suggesting that a 1st DUI isn't moral turpitude. |
Crimes Involving Moral Turpitude for Immigration Purposes
Moral turpitude refers generally to conduct which is inherently base, vile, or depraved, and contrary to the accepted rules of morality and the duties owed between persons or to society in general. Moral turpitude has been defined as an act which is per se morally reprehensible and intrinsically wrong, or malum in se, so it is the nature of the act itself and not the statutory prohibition of it which renders a crime one of moral turpitude. Matter of Fualaau, 21 I. & N. Dec. 475, 1996 WL 413576 (BIA 1996)
Most of this was lifted from the Immigrants Legal Resource Center chart, but some was also taken from Norton Tooby's wonderful resources and from the Ninth Circuit's immigration outline.
The law on categorical matches changed recently with Moncrieffe v. Holder, 133 S. Ct. 1678 (2013) Descamps v. United States, 133 S. Ct. 2276 (2013). The summary below reflects whether the crimes are a categorical match or not to crimes involving moral turpitude in accords with Moncrieffe and Descamps, which may not have been the law at the time of decision below. So the summary below may crimes are not a match under modified categorical approach when the case says it is. If an offense is not divisible, then the modified categorical match does not apply, and the record of conviction cannot be used to determine if it was a crime involving moral turpitude.
| Code | Crime | Categorical Match | Modified Categorical Approach | Citation | Notes |
|---|---|---|---|---|---|
| PC32 | Accessory after the fact | No | Probably not divisible | Navarro-Lopez v. Gonzales, 503 F.3d 1063, 1073 (9th Cir. 2007)(en banc) | |
| PC148.9 | False ID to officer | No | Probably not divisible | Blanco v. Mukasey, 518 F.3d 714, 718–20 (9th Cir. 2008) | |
| PC207 | Kidnapping | No | Probably not divisible | Castrijon-Garcia v. Holder, 704 F.3d 1205, 1214 (9th Cir. 2013) | |
| PC211 | Robbery | Yes | N/A | Mendoza v. Holder, 623 F.3d 1299, 1303-4 (9th Cir. 2010) | |
| PC236 | Misdemeanor False imprisonment | No | Probably not divisible | Saavedra-Figueroa v. Holder, 625 F.3d 621, 626 (9th Cir. 2010) | |
| PC237 | Felony False Imprisonment | Maybe | Probably not divisible | Saavedra-Figueroa v. Holder, 625 F.3d 621, 626 n.5 (9th Cir. 2010) | |
| PC422 | Criminal threats | Yes | N/A | Latter-Singh v. Holder, 668 F.3d 1156, 1161-63 (9th Cir. 2012) | |
| PC484 PC488 |
Petty Theft | Yes | N/A | Flores Juarez v. Muaksey, 530 F.3d 1020, 1022 (9th Cir. 2008) United States v. Esparza-Ponce, 193 F.3d 1133, 1137–38 (9th Cir. 1999) | |
| PC484 PC487 |
Grand Theft | Yes | N/A | United States v. Esparza-Ponce, 193 F.3d 1133, 1137–38 (9th Cir. 1999) | |
| PC496 | Receiving stolen property | No | Probably not divisible | Castillo-Cruz v. Holder, 581 F.3d 1154, 1160–61 (9th Cir. 2009) | |
| PC532a | Credit card fraud | Yes | N/A | Tijani v. Holder, 628 F.3d 1071 (9th Cir. 2010) | |
| PC647.6(a) | Child molestation | No | Probably not divisible | Nicanor-Romero v. Mukasey, 523 F.3d 992, 1007 (9th Cir. 2008) | |
| VC20001 | Hit and run with injury | No | Probably divisible | Cerezo v. Mukasey, 512 F.3d 1163, 1169–70 & n.7 (9th Cir. 2008) |
Moral Turpitude for Licensing Purposes
| Code | Crime | Moral Turpitude | Citation | Notes |
|---|---|---|---|---|
| PC32 | Accessory after the fact | Yes | In re Young (1989) 49 Cal.2d 257, | |
| PC136.1 | Bribing a witness to not testify | Yes | In re Hanley (1975) 13 Cal.3d 448 | |
| PC245(a)(1) | Assault with a deadly weapon | No | In re Strick (1983) 34 Cal.3d 891, 902 In re Rothrock (1940) 16 Cal.2d 449, 459 | |
| PC272 | Contributing to delinquency of a minor | Maybe | In re Duggan (1976) 17 Cal.3d 416, 422 | |
| PC288a | Oral copulation | Yes | Jennings v. Karpe (1974) 36 Cal.App.3d 709 | |
| PC518 | Extortion | Yes | Librarian v. State Bar (1952) 38 Cal.2d 328, 330 | |
| Former PC647a | Child molestation | Yes | Brewer v. Department of Motor Vehicles (1979) 93 Cal.App.3d 358 Cadilla v. Board of Medical Examiners (1972) 26 Cal.App.3d 961 | |
| VC23152 | Driving Under the Influence | No | In re Carr (1988) 46 Cal.3d 1089 | |
| 18 U.S.C. § 1510 | Obstruction of criminal investigation | Yes | In re Lindgren (1979) 25 Cal.3d 65 | |
| 26 U.S.C. § 145 | Filing false tax return | Yes | In re Hallinan (1954) 43 Cal.2d 243, 247–249 |