''Malum prohibitum'' (plural ''mala prohibita'', literal translation: "wrong s or becauseprohibited") is a

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used in

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...

to refer to conduct that constitutes an unlawful act only by virtue of

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by ...

, as opposed to conduct that is evil in and of itself, or '' malum in se''. Conduct that is so clearly violative of society's standards for allowable conduct that it is illegal under English

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omniprese ...

is usually regarded as ''malum in se''. An offense that is ''malum prohibitum'' may not appear on the face to directly violate

moral standards Morality () is the differentiation of intentions, decisions and actions between those that are distinguished as proper (right) and those that are improper (wrong). Morality can be a body of standards or principles derived from a code of cond ...

. The distinction between these two cases is discussed in ''State of Washington v. Thaddius X. Anderson'': Examples of offenses that are generally regarded as ''mala prohibita'' include

disorderly conduct Disorderly conduct is a crime in most jurisdictions in the United States, the People's Republic of China, and Taiwan. Typically, "disorderly conduct" makes it a crime to be drunk in public, to " disturb the peace", or to loiter in certain are ...

gambling Gambling (also known as betting or gaming) is the wagering of something of value ("the stakes") on a random event with the intent of winning something else of value, where instances of strategy are discounted. Gambling thus requires three ele ...

possession of a controlled substance The prohibition of drugs through sumptuary legislation or religious law is a common means of attempting to prevent the recreational use of certain intoxicating substances. While some drugs are illegal to possess, many governments regulate the ...

prostitution Prostitution is the business or practice of engaging in Sex work, sexual activity in exchange for payment. The definition of "sexual activity" varies, and is often defined as an activity requiring physical contact (e.g., sexual intercourse, n ...

public intoxication Public intoxication, also known as "drunk and disorderly" and "drunk in public", is a summary offense in some countries rated to public cases or displays of drunkenness. Public intoxication laws vary widely by jurisdiction, but usually require an ...

resisting arrest Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is crimi ...

speeding Speed limits on road traffic, as used in most countries, set the legal maximum speed at which vehicles may travel on a given stretch of road. Speed limits are generally indicated on a traffic sign reflecting the maximum permitted speed - expres ...

, and

vagrancy Vagrancy is the condition of homelessness without regular employment or income. Vagrants (also known as bums, vagabonds, rogues, tramps or drifters) usually live in poverty and support themselves by begging, scavenging, petty theft, temporar ...

References

Criminal law Latin legal terminology {{Latin-legal-phrase-stub

See also

References