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Malum Prohibitum: A Comprehensive Guide to Legal Prohibitions
Definition & Meaning
Malum prohibitum is a Latin term that translates to "wrong due to being prohibited." It refers to actions that are considered wrong specifically because they are forbidden by law, rather than being inherently immoral. Such offenses may not violate common moral standards but still carry legal consequences. Examples of malum prohibitum offenses include public intoxication, carrying a concealed weapon without a permit, speeding, and tax avoidance.
Table of content
Legal Use & context
This term is often used in criminal law to categorize offenses that are prohibited by statute. Malum prohibitum offenses are typically regulated by various state and federal laws. Legal practitioners may encounter this term in contexts such as traffic violations, regulatory compliance, and licensing issues. Users can manage some of these situations with legal templates available through US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
One example of a malum prohibitum offense is speeding. While driving over the speed limit is not morally wrong, it is prohibited by law and can result in fines or points on a driver's license. Another example is carrying a concealed weapon without the necessary permit, which is illegal even though the act of carrying a weapon itself may not be inherently wrong.
State-by-state differences
Examples of state differences (not exhaustive):
State
Example of Malum Prohibitum
Legal Consequences
California
Carrying a concealed weapon without a permit
Fines and possible jail time
Texas
Public intoxication
Fines and potential arrest
New York
Speeding
Fines and points on driving record
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Key Difference
Malum in se
Acts that are inherently wrong or immoral.
Malum in se offenses violate moral standards, while malum prohibitum offenses do not.
Regulatory offense
Violations of specific regulations set by government agencies.
All regulatory offenses are malum prohibitum, but not all malum prohibitum offenses are regulatory.
Common misunderstandings
What to do if this term applies to you
If you find yourself facing a malum prohibitum charge, it is important to understand the specific laws in your state. You may want to:
Review the relevant statutes or regulations.
Consider using legal templates from US Legal Forms to help manage your situation.
Consult with a legal professional if the matter is complex or if you need personalized advice.
Find the legal form that fits your case
Browse our library of 85,000+ state-specific legal templates.
Public intoxication, speeding, carrying a concealed weapon
Jurisdiction
State and federal laws
Possible penalties
Fines, points on license, jail time
Key takeaways
Frequently asked questions
Malum prohibitum refers to actions that are considered wrong because they are prohibited by law, not because they are inherently immoral.
Yes, violations of malum prohibitum laws can result in fines, points on your driving record, or even jail time.
Malum in se refers to actions that are inherently wrong or immoral, while malum prohibitum refers to actions that are wrong solely because they are prohibited by law.