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A “Crime Involving Moral Turpitude”, which is commonly referred to as a CIMT in the legal community is a relatively new concept to the United States that has gained a lot of recognition and become the topic of debate as to how it plays a part in New Jersey Criminal Law and U.S. Immigration. The concept has become such a heated discussion because most people including attorneys do not fully even understand it or its broad repercussions, In fact, “moral turpitude” does even have a definitive definition, but has been described as an “act of baseness, vileness, or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.” However, the classification of a crime which constitutes moral turpitude has very real significance on immigration status. This because a conviction for a crime involving moral turpitude or “aggravated felony” causes a person to be inadmissible to the United States under section 212(a)(2)(a)(i) of the INA (Immigration and Nationality Act). If you are living in the United States as a permanent resident or here on Greed Card or Visa, a conviction of a CIMT could result in your deportation from the United States. The U.S. government guidance on determining which crimes encompass moral turpitude is loose, at best, but you can visit the United States Department of State website for a definition of moral turpitude for immigration purposes. http://www.state.gov/documents/organization/86941.pdf
The proper application of crimes involving moral turpitude is so hard because each state statute covers different acts and behaviors, uses different language, and has different sets of punishments and some of these may not necessarily involve moral turpitude under the Federal definition. Generally speaking, the offenses listed below are crimes involving moral turpitude and aggravated felonies, with some exceptions.
Category | Crimes Involving Moral Turpitude | Crimes Not Involving Moral Turpitude |
Crimes Against Property | Evil intent: Arson Fraud Criminal Mischief – with malicious intent Receiving Stolen Property (with guilty knowledge) | Damaging private property (where intent to damage not required) Breaking and entering (requiring no specific or implicit intent to commit a crime involving moral turpitude) Passing Bad Checks (where intent to defraud not required) Receiving Stolen Property (if guilty knowledge is not essential) Joy riding (where the intention to take permanently not required) |
Crimes Committed Against Governmental Authority | Bribery Counterfeiting Fraud against revenue or other government functions Mail Fraud Perjury Harboring a fugitive from justice Tax evasion (willful) Child Pornography Possession of a Weapon with Unlawful Purposes Marijuana Distribution (over 30 grams) Witness Tampering | Desertion from the Armed Forces Reckless driving Driving while suspended or revoked False statements (not amounting to perjury or involving fraud) Firearm violations Gambling violations Immigration violations Minor traffic violations Possessing burglary tools (without intent to commit burglary) |
Crimes Committed Against Person, Family Relationship, and Sexual Morality | Aggravated Assault Aggravated Assault of a Police Officer Endangering the Welfare of a Child – Use of minor to commit a crime Kidnapping Lewdness Manslaughter Murder Promoting Prostitution Aggravated Sexual Assault (including “Statutory rape” by virtue of the victim’s age) | Harassment Simple Assault – any assault, which does not involve an evil intent or depraved motive Creating or maintaining a nuisance Involuntary manslaughter (when killing is not the result of recklessness)
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Attempts, Aiding and Abetting, Accessories and Conspiracy | An attempt to commit a crime deemed to involve moral turpitude Accomplice to a crime involving moral turpitude. Conspiracy to commit a crime involving moral turpitude. | N/A |
For more information regarding crimes involving moral turpitude and U.S. Immigration Policy, please visit the source of this article at Wikipedia.
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