Burglary is usually a crime involving moral turpitude, but not always. Crimes of moral turpitude generally involve either dishonesty or base, vile, or depraved conduct that would shock a reasonable person. Convictions can lead to immigration consequences or professional discipline. They can also be used to impeach you if you are a witness in a later case.
What is a crime involving moral turpitude?
A crime involving moral turpitude, or CIMT, is generally considered to be criminal conduct that shocks the public conscience as being inherently vile and contrary to the rules of morality.1 However, there is no federal statute that defines a CIMT. Definitions come from state and federal court cases and administrative court rulings, usually regarding immigration cases. As a result, the precise definition can vary by state and context.2
Generally, though, to commit a crime of moral turpitude you must do 2 things:
- commit a reprehensible act, and
- do it with a criminal intent that is reckless, purposeful, willful, or intentional.3
However, at least for immigration purposes, judges can consider other facts of the case to decide whether the offense was a CIMT.4 This has led many courts and law enforcement agencies to differentiate between:
- crimes that inherently involve moral turpitude, and
- crimes that may involve moral turpitude, given the specific facts of the case.5
For example: Under the categorical approach, indecent exposure is not a crime involving moral turpitude.6 However, a criminal conviction for indecent exposure involving a defendant with a history of lewd acts with children was determined to be a CIMT.7
According to the U.S. Department of State’s Foreign Affairs Manual, the following offenses generally have an inherent element of moral turpitude:
- crimes that involve a specific intent to defraud, like credit card fraud,
- arson,
- aggravated assault or assault with a deadly weapon,
- forgery,
- robbery,
- burglary,
- theft or larceny,
- bribery, and
- voluntary manslaughter.8
The following offenses, however, generally do not have an element of moral turpitude:
- disorderly conduct,
- mere possession of burglary tools,
- breaking and entering without the intent to commit a CIMT once inside, and
- simple assault.9
This creates some ambiguity as to whether burglary is a crime involving moral turpitude.
What is the crime of burglary?
Burglary is the crime of unlawful entry into a building or locked vehicle with the intent of committing a theft crime or a felony once inside.10 The completion of the theft or felony is not required; it is a burglary as soon as you enter the vehicle or building.11 However, that is also the point at which you must have an intent to commit a theft or felony. If you did not have the intent at this time, like if you only formed it after entering, it is not a burglary.12
Is burglary a crime of moral turpitude?
Burglary can be a crime of moral turpitude. In some states, a big factor is whether the crime to be committed once inside is a CIMT.
Some jurisdictions, like California,13 have decided that burglary is inherently a CIMT. In these jurisdictions, it does not matter what offense you intended to commit once inside. The burglary itself is enough to show moral turpitude.
However, not all states and law enforcement agencies interpret the law this way.
The Department of State’s Foreign Affairs Manual, for example, states that burglary is generally a CIMT.14 However, breaking and entering with an intent to commit an offense that is not a CIMT is not.15
What are some other examples of CIMTs?
Generally, the lists of crimes of moral turpitude will be the same across different jurisdictions. However, different state laws define criminal offenses slightly differently. Certain offenses will be a CIMT in one state but not in another. This can make a multi-jurisdiction list inaccurate.
However, in California, the following offenses have also been found to be crimes involving moral turpitude by state courts, the Board of Immigration Appeals, or the federal Ninth Circuit:
- arson (Penal Code 451 PC),16
- assault with an intent to commit a murder,17
- attempted lewd acts with a minor (Penal Code 288 PC),18
- child abuse (Penal Code 273(d) PC),19
- criminal threats (Penal Code 422 PC),20
- domestic violence against a spouse,21
- failing to register as a sex offender (Penal Code 290 PC),22
- felon in possession of a firearm (Penal Code 29800 PC),23
- felony hit-and-run (Vehicle Code 20001 VC),24
- grand theft auto (Penal Code 487 PC),25
- murder (Penal Code 187 PC),26
- perjury (Penal Code 118 PC),27
- possession of controlled substances with an intent to sell (Health and Safety Code 11351 HS),28
- rape (Penal Code 261 PC),29
- receiving stolen property (Penal Code 496 PC),30
- robbery (Penal Code 211 PC),31
- trespassing with the intent to injure property rights or interfere in business,32
- voluntary manslaughter (Penal Code 192 PC),33 and
- welfare fraud (Welfare and Institutions Code 10980 WIC).34
It is important to note that these offenses nearly always require a specific intent to commit them.35 Many of them are aggravated felonies or crimes of violence.
What are the consequences of committing a CIMT?
There are often 3 types of additional penalties that come with a conviction for a crime of moral turpitude:
- immigration consequences,
- suspension or revocation of professional certifications or licenses, and
- witness impeachment.
A burglary conviction that was determined to be a CIMT can subject you to these penalties in addition to the fines and prison time imposed by criminal law.
Immigration consequences
A conviction for a crime involving moral turpitude can make a non-citizen:
- deportable, or
- inadmissible.36
Non-citizens can be deported from the United States if they are convicted for a CIMT and:
- the sentence is 1 year or longer and the conviction happened within 5 years of being admitted to the U.S., or
- they were convicted for 1 or more other CIMTs that arose from different criminal schemes.37
Non-citizens can be found inadmissible to the United States if they:
- have a record of conviction for a CIMT, or
- admit to the elements of a crime of moral turpitude.38
This inadmissibility or deportability makes it crucial for defendants with a non-citizen immigration status, like permanent residents or green card holders, to get a criminal defense attorney from a reputable law office that handles immigration law cases.
Professional consequences
A conviction for a crime involving moral turpitude can also cause professional consequences. You can:
- lose a professional license or certificate that is necessary to do your job, or
- get fired.
In California, for example, state employees can face discipline, up to and including termination, for committing a CIMT.39 Attorneys in California, meanwhile, can be disbarred or have their license to practice suspended.40
In some cases, these repercussions are the most threatening part of the criminal charges.
Impeachment
A prior conviction for a CIMT, even if it was just a misdemeanor, can generally be used to impeach you if you testify as a witness in a later case.41 The evidence of your prior CIMT conviction can be revealed in the trial. It gives jurors a reason to distrust your testimony.
Legal References:
- Medina v. United States, 259 F.3d 220 (4th Cir. 2001).
- See, e.g., People v. Collins, 42 Cal.3d 378 (1986) (moral turpitude is a “readiness to do evil” or an evil intent).
- Matter of Silva-Trevino, 24 I&N Dec. 687 (AG 2008).
- Same.
- See In the Matter of M., 2 I&N Dec. 721 (BIA 1946).
- Nunez v. Holder, 594 F.3d 1124 (9th Cir. 2010).
- Matter of Cortes Medina, 26 I&N Dec. 79 (BIA 2013).
- 9 FAM 302.3-2(B)(2)(c).
- Same.
- See California Penal Code 459 PC.
- See California Criminal Jury Instructions (CALCRIM) No. 1700.
- Same.
- People v. Collins, supra note 2.
- 9 FAM 302.3-2(B)(2)(c)(1)(b)(iii).
- 9 FAM 302.3-2(B)(2)(c)(1)(c)(ii).
- People v. Miles, 172 Cal.App.3d 474 (1985).
- People v. Omledo, 167 Cal.App.3d 1085 (1985).
- In re Lesansky, 25 Cal.4th 11 (2001).
- People v. Brooks, 3 Cal.App.4th 669 (1992).
- Latter-Singh v. Holder, 668 F.3d 1156 (9th Cir. 2012).
- Grageda v. INS, 12 F.3d 919 (9th Cir. 1993).
- Matter of Tobar-Lobo, 24 I&N Dec. 143 (BIA 2007).
- People v. Littrel, 185 Cal.App.3d 699 (1986).
- People v. Bautista, 217 Cal.App.3d 1 (1990).
- People v. Rodriguez, 177 Cal.App.3d 174 (1986).
- People v. Johnson, 233 Cal.App.3d 425 (1991).
- People v. Rollo, 20 Cal.3d 109 (1977).
- People v. Castro, 38 Cal.3d 301 (1985).
- People v. Mazza, 175 Cal.App.3d 836 (1985).
- People v. Rodriguez, supra note 25.
- People v. Stewart, 171 Cal.App.3d 59 (1985).
- Matter of Esfandiary, 16 I&N Dec. 659 (BIA 1979).
- People v. Partner, 180 Cal.App.3d 178 (1986).
- Matter of Cortez, 25 I&N. Dec. 301 (BIA 2010).
- Fernandez-Ruiz v. Gonzales, 468 F.3d 1159 (2006).
- Immigration and Nationality Act (INA) 237(a)(2)(A); 8 USC 1227.
- Same.
- INA 212.
- California Government Code 19572(k) GOV.
- California Business and Professions Code 6101(a) BPC.
- See, e.g., Texas Rule of Evidence 609(a)(1), Virginia Rules of Supreme Court 2:609, and People v. Maestas, 132 Cal.App.4th 1552 (2005).
