Legal Question in Criminal Law in Georgia

Moral Turpitude

Q: How does the State apply the term ''Moral Turpitude'' to a crime when the statute itself does not define it as so?

There are approximately 54 references to Moral Turpitude (MT) in the GA Code,although no definition was found. I have located other sources to define this term but many are contradictory or vague. The GA AG Office discribes it as a crime of deceit or dishonesty while a quote from a GA Supreme Court Justice defined it as ANY felony. The latter definition contradicts the way the term is used in GA Code and State Regulations, e.g. ''you cannot apply for this position if you have been convicted of a felony or a crime of Moral Turpitude.'' This seems to differentiate between felony and a crime of MT. Neither can you vote in GA if convicted of a crime of MT. If the term is discribing moral corruption or baseness then who decides this without particular statutes being flagged as involving MT? It seems very arbitary and general applied to all felonies. Although my question is general in nature, the crime I am particularly referring is ''Hit and Run.'' Thanks


Asked on 11/14/02, 2:35 am

2 Answers from Attorneys
Deric Beaudoin Mabry & McClelland, LLP

Re: Moral Turpitude

You are right in your assessment of the vagueness of moral turpitude. The immediate answer that would come to the minds of most attorneys is that a crime of moral turpitude would be those class of crimes involving forgery, theft, deception etc. Basically anything involving dishonesty or that which would be considered a "wrong" against society even in the absence of a law prohibiting it. Underage drinking for example would probably not be considered a crime of moral turpitude nor would a speeding violation or a rear-end collision (following too closely) violation Now, your situation is kind of in the middle. Hit and Run could probably be argued either way and the outcome may very well depend on the overall circumstances of the hit and run and what kind of supporting law you can find. This does not look like a pro se (represent yourself) kind of situation. You need a lawyer. If you want to discuss you may call me at 404-728-8027. Good luck.

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Answered on 11/14/02, 10:42 am
Dan Conaway Conaway&Strickler, P.C.

Re: Moral Turpitude

Feel free to give us a call and we'll be happy to talk to you about your question. You can reach us 1-888-883-9091 or 404-816-5000. We look forward to hearing from you.

Sincerely,

Conaway & Strickler, PC

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Answered on 11/14/02, 10:44 am


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