Crimes involving moral turpitude (CIMT) is a legal term, most commonly encountered in U.S. immigration law, although the concept can also arise in professional licensing and other legal contexts. It does not simply mean that a person has behaved badly or immorally.
What does “moral turpitude” mean?
In U.S. immigration law, the term has no single statutory definition. Case law generally describes it as conduct that is inherently reprehensible and contrary to accepted standards of morality, combined with a sufficiently culpable mental state such as intentionality, knowledge, deliberateness or recklessness. (USCIS)
So there are essentially two components:
| Element | Meaning |
|---|---|
| Reprehensible conduct | The actual conduct is considered seriously wrongful |
| Culpable mental state | The person acted intentionally, knowingly, deliberately or recklessly, rather than through an innocent accident |
That distinction is important. Not every criminal offence is a CIMT, and the precise wording of the offence and the person’s mental state can determine whether it qualifies. (USCIS)
Examples
U.S. immigration authorities identify various categories in which CIMTs can arise, including:
- Fraud and deception
- Forgery
- Certain forms of theft or robbery
- Certain serious violent offences
- Some sexual offences
- Certain offences involving bribery or corruption
- Some forms of child or spousal abuse
But the name of the offence alone isn’t always enough. For example, USCIS notes that simple assault and battery is not usually considered a CIMT, whereas aggravated battery generally is. (USCIS)
How serious is a CIMT?
This is where it becomes important to distinguish the legal classification from the severity of the underlying crime.
A CIMT is not a severity scale such as:
Level 1 = minor
Level 2 = moderate
Level 3 = severe
Instead, it is a legal category concerning the nature of the conduct and the required mental state.
However, being classified as a CIMT can have significant legal consequences, particularly in U.S. immigration.
For example, under 8 U.S.C. §1182, a person convicted of—or who admits to—certain CIMTs can be considered inadmissible to the United States, subject to statutory exceptions. One important exception applies where the maximum possible imprisonment was no more than one year and the person was sentenced to no more than six months.
There are also CIMT-related provisions concerning removability and good moral character in immigration proceedings. USCIS, for example, treats one or more CIMTs as potentially creating a conditional bar to establishing good moral character, subject to exceptions. (USCIS)
One important point
“Moral turpitude” does not mean that a court has formally decided that someone is a morally bad person.
It is a technical legal classification applied to particular criminal offences. Whether a particular conviction qualifies can require examination of the exact statute, elements of the offence, conviction documents and applicable case law. (Department of Justice)