Mala Prohibita
Literal meaning: “Wrong because prohibited.”
What does the Latin term "Mala Prohibita" mean in law?
Mala prohibita refers to acts that are criminal not because they are inherently immoral but because a statute or regulation declares them unlawful. Examples include traffic violations, regulatory offenses, tax evasion, and environmental violations. Unlike mala in se offenses, mala prohibita crimes derive their wrongfulness entirely from legislative enactment. Because these offenses often do not involve moral turpitude, they are more likely to be treated as strict liability crimes that do not require proof of a culpable mental state. The mala prohibita category has expanded significantly in the modern regulatory state.
Source: Criminal · Legal Latin
Legal Definition
Mala prohibita refers to acts that are criminal not because they are inherently immoral but because a statute or regulation declares them unlawful. Examples include traffic violations, regulatory offenses, tax evasion, and environmental violations. Unlike mala in se offenses, mala prohibita crimes derive their wrongfulness entirely from legislative enactment. Because these offenses often do not involve moral turpitude, they are more likely to be treated as strict liability crimes that do not require proof of a culpable mental state. The mala prohibita category has expanded significantly in the modern regulatory state.
How It's Used
Mala prohibita is used in criminal law to describe offenses that exist only because of statutory prohibition. It is contrasted with mala in se to analyze questions of intent, strict liability, and moral culpability. Regulatory offenses are the most common examples.
Example Sentences
Driving without a license is a mala prohibita offense — it is not inherently immoral but is prohibited by statute.
The court held that the environmental violation was mala prohibita and imposed strict liability without requiring proof of intent.
Many mala prohibita offenses carry lesser penalties because they do not involve moral turpitude.