Although moral turpitude has not been specifically defined by statute, the U.S. Department of State has indicated that the most common elements of a crime involving moral turpitude are (1) fraud; (2) larceny; and (3) intent to harm a person or property. CRIMES OF MORAL TURPITUDE ' UNLICENSED DEALING IN FIREARMS Mayorga v. Attorney General U.S.F.3d , 2014 WL 2898528 (3d Cir. 27, 2014) (federal conviction of unlicensed business of firearms dealing, in violation of 18 U.S.C. 922(a)(1)(A) and (a)(2), did not categorically constitute a crime of moral turpitude, since the offense is a regulatory/licensing offense); see.
The following types of businesses are ineligible:
(a) Non-profit businesses (for-profit subsidiaries are eligible);
(b) Financial businesses primarily engaged in the business of lending, such as banks, finance companies, and factors (pawn shops, although engaged in lending, may qualify in some circumstances);
(c) Passive businesses owned by developers and landlords that do not actively use or occupy the assets acquired or improved with the loan proceeds (except Eligible Passive Companies under § 120.111);
(d) Life insurance companies;
(e) Businesses located in a foreign country (businesses in the U.S. owned by aliens may qualify);
(f) Pyramid sale distribution plans;
(g) Businesses deriving more than one-third of gross annual revenue from legal gambling activities;
(h) Businesses engaged in any illegal activity;
(i) Private clubs and businesses which limit the number of memberships for reasons other than capacity;
(j) Government-owned entities (except for businesses owned or controlled by a Native American tribe);
(k) Businesses principally engaged in teaching, instructing, counseling or indoctrinating religion or religious beliefs, whether in a religious or secular setting;
(l) [Reserved]
(m) Loan packagers earning more than one third of their gross annual revenue from packaging SBA loans;
(n) Businesses with an Associate who is incarcerated, on probation, on parole, or has been indicted for a felony or a crime of moral turpitude;
(o) Businesses in which the Lender or CDC, or any of its Associates owns an equity interest;
(p) Businesses which:
(1) Present live performances of a prurient sexual nature; or
(2) Derive directly or indirectly more than de minimis gross revenue through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature;
(q) Unless waived by SBA for good cause, businesses that have previously defaulted on a Federal loan or Federally assisted financing, resulting in the Federal government or any of its agencies or Departments sustaining a loss in any of its programs, and businesses owned or controlled by an applicant or any of its Associates which previously owned, operated, or controlled a business which defaulted on a Federal loan (or guaranteed a loan which was defaulted) and caused the Federal government or any of its agencies or Departments to sustain a loss in any of its programs. For purposes of this section, a compromise agreement shall also be considered a loss;
(r) Businesses primarily engaged in political or lobbying activities; and
(s) Speculative businesses (such as oil wildcatting).
Moral Turpitude Gambling Law
Any criminal charge on your record can become an obstacle to employment, housing, and immigration. However, there is a certain category of offenses referred to as “crimes of moral turpitude” which create an additional hardship as you attempt to move forward.
(r) Businesses primarily engaged in political or lobbying activities; and
(s) Speculative businesses (such as oil wildcatting).
Moral Turpitude Gambling Law
Any criminal charge on your record can become an obstacle to employment, housing, and immigration. However, there is a certain category of offenses referred to as “crimes of moral turpitude” which create an additional hardship as you attempt to move forward.
Crimes involving moral turpitude are those that involve dishonesty, fraud, deceit, misrepresentation, or deliberate violence. Moral turpitude has been defined as:
→ Anything done knowingly contrary to justice, honesty, principle, or good morals.
→ An act of baseness, vileness, or depravity in the private and social duties that a man owes to his fellow men or to society in general.
→ Something immoral in itself, regardless of whether it is punishable by law. The performance of the act itself, and not its prohibition by statute, fixes the moral turpitude.
→ Immoral conduct is willful, flagrant, or shameless conduct that shows a moral indifference to the opinion of the good and respectable members of the community.
Essentially, a conviction for this type of offense raises a red flag to anyone reviewing your criminal history, as it suggests you may be dangerous, and at the very least, untrustworthy.
Examples of property crimes that are considered offenses of moral turpitude include arson, blackmail, forgery, robbery, burglary, theft, illegal use of a credit card, issuing a worthless check, and possessing/transporting stolen property.
Offenses against people that are considered crimes of morale turpitude include assault, sexual assault, child abuse or neglect, kidnapping, murder, and manslaughter.
What Offenses are Considered Crimes of Moral Turpitude in Texas?
| Crime | Authority | Crime of Moral Turpitude? |
|---|---|---|
| Felony drug possession | In the Matter of Lock, 54 S.W.3d 305 (Tex. 2001) | No |
| Delivery of marijuana | Hernandez v. State, 976 S.W.2d 753 (Tex. App.-Houston [1st Dist.] 19980, pet. ref'd, 981 S.W.2d 652 (Tex. Crim. App) | No |
| Misprision | Duncan v. Board of Disciplinary Appeals, 898 S.W.2d 759 (Tex. 1995) (crimes involving moral turpitude are those that involve dishonesty, fraud, deceit, misrepresentation, deliberate violence, or that reflect adversely on a person's honesty or trustworthiness) | No |
| Agg assault with SBI | Turton v. State Bar of Texas, 775 S.W.2d 712 (Tex. App. San Antonio 1989, writ den.) (not on its face a felony involving moral turpitude; look into the circumstances of the offense to determine) | No |
| Misdemeanor possession of marijuana | Bell v. State, 620 S.W.2d 116 (Tex. Crim. App. 1981) | No |
| Juvenile delinquency | Rivas v. State 501 S.W.2d 918 (Tex Crim. App. 1973) | No |
| Unlawfully carrying a weapon | Trippell v. State, 535 S.W.2d 178 (Tex. Crim. App. 1976) | No |
| Gambling | Neill v. State, 258 S.W.2d. 328 (Tex. Crim. App. 1953 | No |
| Misdemeanor DWI | Shipman v. State, 604 S.W.2d 182 (Tex. Crim. App. 1980); Janecka v. State, 937 S.W.2d 456 (Tex. Crim. App. 1996) | No |
| Public Intoxication | Ochoa v. State, 481 S.W.2d 847 (Tex. Crim. App. 1972) | No |
| Reckless conduct | Patterson v. State, 783 S.W.2d 268 (Tex. App.-Houston [14th Dist.] 1989, pet. ref'd) | No |
| Assault | Valdez v. State, 450 S.W.2d 624 (Tex. Crim. App. 1970) | No |
| Disrupting the peace | Garza v. State, 532 S.W.2d 624 (Tex. Crim. App. 1976) | No |
| Criminal Trespass | Hutson v. State, 843 S.W.2d 106 (Tex. App.-Texarkana 1992, no pet.) | No |
| Criminal mischief | Gonzalex v. State, 648 S.W.2d 740 (Tex. App.-Beaumont 1983, no pet.) | No |
| Soliciting bonding business | Op. Tex. Att'y Gen. GA-229 (2005) (violations of Tex. Occ. Code 1704.304 (soliciting bonding business in a police station, jail, prison, detention facility, or other place of detainment) | No |
| Sexual assault of a child | In the matter of GMP, 909 S.W.2d 198 (Tex. App.-Houston [14th Dist.] 1995, no pet.) | Yes |
| Lying to a police officer (filing false report) | Lape v. State, 893 S. W.2d 949 (Tex. App.-Houston 14th Dist.] 1994, pet. ref'd; Robertson v. State, 685 S.W.2d 488 (Tex. App-Fort Worth 1985, no pet.) ('no clear cut criteria' for moral turpitude) | Yes |
| Mail fraud | State Bar v. Heard, 603 S.W.2d 829 (Tex. 1980) | Yes |
| Tax evasion | In re Humphreys, 880 S.W.2d 402 (Tex. 1994) (whether a case involves moral turpitude is a question of law); In the Matter of Birdwell, 20 S.W.3d 685 (Tex. 2000) | Yes |
| Prostitution | Holgin v. State, 480 S.W.2d 405 (Tex. Crim. App. 1972); Husting v. State, 790 S.W.2d 121 (Tex. App-San Antonio 1990, no pet.) | Yes |
| Purchase of a child | In the matter of Thacker, 881 S.W.2d 307 (Tex.1994) | Yes |
| Indecent exposure | Polk v. State, 865 S.W.2d 627 (Tex. App.-Fort Worth 1993, pet.ref'd) | Yes |
| Failure to stop & render aid | Tate v. State Bar of Texas, 920 S.W.2d 727 (Tex. App.-Houston [1st Dist.] 1996 writ denied) | Yes |
| Theft | Milligan v. State, 554 S.W.2d 192 (Tex. Crim. App. 1977) | Yes |
| Agg assault by a man on a woman | Jackson v. State, 50 S.W.3d 579, 591 (Tex. App.-Fort Worth 2001, pet. ref'd); Ludwig v. State, 969 S.W.2d 22 (Tex. App.-Fort Worth 1998, pet. ref'd); Hardeman v. State, 868 S.W.2d 404 (Tex. App.-Austin 1993), pet. dism'd, 891 S.W.2d 960 (Tex. Crim. App. 1995) | Yes |
| Assault by a male on a female | Trippell v. State, 535 S.W.2d 178 (Tex. Crim. App. 1976) | Yes |
| Murder and Indecent exposure | Polk v. State, 865 S.W.2d 627 (Tex. App.-Fort Worth 1993, pet.ref'd) | Yes |
| Swindling | Sherman v. State, 62 S.W.2d 146 (Tex. Crim. App. 1993) | Yes |
| Bank fraud | Searcy v. State Bar of Texas, 604 S/W/2d 256 (Tex. 1980) | Yes |
| Theft, shoplifting | Milligan v. State, 554 S.W.2d 192 (Tex. Crim. App. 1977) | Yes |
| Bigamy | Ruhe v. State Bar, No. 05-93-01562-CV, 1994 Tex. App. LEXIS 3948 (App.—Dallas Nov. 17, 1994) | Yes |
| Public Lewdness | Green v. Cty. Attorney of Anderson Cty., 592 S.W.2d 69 (Tex. Civ. App.—Tyler 1979); Escobedo v. State, 202 S.W.3d 844 (Tex. App.—Waco 2006) | Yes |
| Conspiracy to Commit Offense or Defraud the United States | Freedson v. State, 600 S.W.2d 349 (Tex. Civ. App.—Houston [1st Dist.] 1980) | Yes |
| Conspiracy to Bribe a Public Official | State v. Nelson, 551 S.W.2d 433 (Tex. Civ. App.—San Antonio 1977) | Yes |
| Promoting Prostitution | Taylor v. State, 470 S.W.2d 663 (Tex. Crim. App. 1971) | Yes |
| Sale of Narcotics | Speer v. State, 109 S.W.2d 1150 (Tex. Civ. App.—Galvestion 1937) | Yes |
| Violation of a Protective Order Shielding a Woman | Ludwig v. State, 969 S.W.2d 22 (Tex. Civ. App.— Fort Worth 1998) | Yes |
| Criminally Negligent Homicide | Arnold v. State, 36 S.W.3d 542 (Tex. App.—Tyler 2000) | No |
| Issuance of Bad Checks Without Intent to Defraud | Dallas Cty. Bail Bond Bd. v. Mason, 773 S.W.2d 586 (Tex. App.—Dallas 1989) | No |
| Interference with an Emergency Call | Urtado v. State, 333 S.W.3d 418 (Tex. App.—Austin 2011) | No |
| Use of Loud and Profane Language in a Public Place | Taylor v. State, 199 S.W. 289 (1917) | No |
| Abusive Language to a Police Officer | Hartford Acc. & Indem. Co. v. Williams, 516 S.W.2d 425 (Tex. Civ. App.—Amarillo 1974) | No |
| Driving While License Suspended | Stephens v. State, 417 S.W.2d 286 (Tex. Crim. App. 1967) | No |
| Evading Arrest | Ex parte Aguilar, No. 09-14-00128-CR, 2014 Tex. App. LEXIS 10809 (App.—Beaumont Sep. 24, 2014) | Remains unsettled if can be used for deportation purposes |
It is important to note that conspiracy, attempt, or acting as an accessory to any of the above-mentioned crimes also constitutes a crime of moral turpitude.
Charged with a Crime of Mortal Turpitude? Contact Us.
Being arrested for a crime involving moral turpitude (CIMT) does not mean that all is lost. You may have options to keep a conviction off your record, but it is important to know what they are as soon as possible. If you have been charged with an offense of moral turpitude, it is imperative that you contact an experienced attorney as soon as possible. We can help.
Our team is made up of former prosecutors and Board Certified Criminal Law Specialists with decades of experience and a proven track record of success. Call 817-203-2220 for a complimentary consultation today.
Moral Turpitude Gambling Laws
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