Moral Turpitude Gambling
- Prostitution is a crime of moral turpitude that involves the buying or selling of sex for profit. Prostitution includes soliciting for sexual acts and compelling another to complete sexual acts.
- The argument is that conducting a lottery or numbers game and conducting a gambling establishment are misdemeanors not involving moral turpitude, and hence proof of conviction of such.724 offenses was not admissible to impeach the credibility of the witness, Weinstein.
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:
Moral turpitude is a legal concept that refers to any conduct that is believed to be contrary to the community standards of honesty, justice, or good moral values. While there is no one exact definition of acts that are considered under moral turpitude, they are typically described as any acts of vileness or depravity, or of sexual immorality.
→ 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.
Moral Turpitude Gambling Law
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.
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Question: What is a Crime of Moral Turpitude, and what offenses or arrests are considered Moral Turpitude?
Answer: Moral turpitude is the terms for a legal idea meaning 'conduct that is considered contrary to community standards of justice, honesty or good morals.' The concept of moral turpitude can be used to identify or describe certain crimes that involve an 'act of baseness, vileness or depravity in the private and social duties which a man owes to his fellowmen, or to society in general, contrary to the accepted and customary rule of right and duty between man and man.'
Deferred Adjudication or disposition, with a plea of nolo contendre, may prevent the consequences by avoiding conviction.
The specific crimes or arrests that are deemed Crimes of Moral Turpitude has significance in several areas of law, especially for those arrested for an offense considered a Crime of Moral Turpitude. First, prior conviction of a crime of moral turpitude (or in some jurisdictions, moral turpitude conduct, even without a conviction) is considered to have a bearing on the honesty of a person, especially if that person is a witness in other legal proceedings. A conviction (and in some areas, a mere arrest) may be grounds to deny or revoke a professional license such as a teaching credential, license to practice law, or other licensed profession that is regulated by the state or federal government. Lastly, it is of great importance for immigration purposes, as offenses defined as involving moral turpitude are considered bars toimmigration into the U.S.
According to the Texas Administrative Code, TITLE 22 EXAMINING BOARDS PART 22 TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY, CHAPTER 519 PRACTICE AND PROCEDURE, SUBCHAPTER A GENERAL PROVISIONS RULE §519.7 Misdemeanors that Subject a Certificate or Registration Holder to Discipline by the Board:
(a) Final conviction or placement on deferred adjudication, deferred prosecution, withheld adjudication or community supervision in connection with misdemeanors that involve dishonesty or fraud may subject a certificate or registration holder to disciplinary action pursuant to §501.90 of this title (relating to Discreditable Acts). Because a certificate or registration holder is often placed in a position of trust with respect to client funds, and the public in general, and the business community in particular, rely on the veracity, integrity and honesty of certificate or registration holders in the preparation of reports and provision of other accounting services, the board considers conviction or placement on deferred adjudication, deferred prosecution, withheld adjudication or community supervision for any crime involving dishonesty or fraud to relate directly to the practice of public accountancy and may subject the certificate or registration holder to discipline by the board.
The board has determined that misdemeanor offenses that involve dishonesty or fraud directly relate to the practice of accounting pursuant to Sections 53.021, 53.022, 53.023 and 53.025 of the Occupations Code.
The following non-exclusive list of misdemeanor offenses may involve dishonesty or fraud:
(1) Theft; (2) Theft of Service; (3) Tampering with Identification Numbers; (4) Theft of or Tampering with Multichannel Video or Information Services; (5) Manufacture, Distribution, or Advertisement of Multichannel Video or Information Services Device; (6) Sale or Lease of Multichannel Video or Information Services Device; (7) Possession, Manufacture, or Distribution of Certain Instruments Used to Commit Retail Theft; (8) Forgery; (9) Criminal Simulation; (10) Trademark Counterfeiting; (11) Stealing or Receiving Stolen Check or Similar Sight Order; (12) False Statement to Obtain Property or Credit; (13) Hindering Secured Creditors; (14) Credit Card Transaction Record Laundering; (15) Issuance of Bad Check; (16) Deceptive Business Practices; (17) Rigging Publicly Exhibited Contest; (18) Misapplication of Fiduciary Property or Property of Financial Institution; (19) Securing Execution of Document by Deception; (20) Fraudulent Destruction, Removal, or Concealment of Writing; (21) Simulating Legal Process; (22) Refusal to Execute Release of Fraudulent Lien or Claim; (23) Breach of Computer Security; (24) Unauthorized Use of Telecommunications Service; (25) Theft of Telecommunications Service; (26) Publication of Telecommunications Access Device; (27) Insurance Fraud; (28) False Alarm or Report; (29) Engaging in Organized Criminal Activity; (30) Violation of Court Order Enjoining Organized Criminal Activity; (31) Unlawful Use of Criminal Instrument; (32) Unlawful Access to Stored Communications; (33) Burglary of Vehicles; (34) Burglary of Coin-Operated or Coin Collection Machines; (35) Coercion of Public Servant or Voter; (36) Improper Influence; (37) Gift to Public Servant by Person Subject to His Jurisdiction; (38) Offering Gift to Public Servant; (39) Perjury; (40) False Report to Peace Officer or Law Enforcement Employee; (41) Tampering With or Fabricating Physical Evidence; (42) Tampering With Governmental Record; (43) Fraudulent Filing of Financing Statement; (44) False Identification as Peace Officer; (45) Misrepresentation of Property;
*Keep in mind that Texas State Case Law has a profound effect on determinations of Law, Licensing, and CMT.
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