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

Latin phrase This is a list of Wikipedia articles of Latin phrases and their translation into English. To view all phrases on a single, lengthy document, see: List of Latin phrases (full). Lists of pages * List of Latin phrases (A) * List of Latin phrases ( ...

used in

law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior, with its precise definition a matter of longstanding debate. It has been variously described as a science and as the ar ...

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

statute A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

, 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 Common law (also known as judicial precedent, judge-made law, or case law) is the body of law primarily developed through judicial decisions rather than statutes. Although common law may incorporate certain statutes, it is largely based on prece ...

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

gambling Gambling (also known as betting or gaming) is the wagering of something of Value (economics), value ("the stakes") on a Event (probability theory), random event with the intent of winning something else of value, where instances of strategy (ga ...

, possession of a controlled substance,

prostitution Prostitution is a type of sex work that involves engaging in 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, no ...

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

resisting arrest An arrest is the act of apprehending and taking a person into custody (legal protection or control), usually because the person has been suspected of or observed committing a crime. After being taken into custody, the person can be Interroga ...

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, expre ...

, and

vagrancy Vagrancy is the condition of wandering homelessness without regular employment or income. Vagrants usually live in poverty and support themselves by travelling while engaging in begging, waste picker, scavenging, or petty theft. In Western ...

References

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

See also

References