Safe Havens



 
 

§ 9.11 (E)

 
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(E)  Crime of Moral Turpitude.  This offense is not a crime of moral turpitude, because it is a classic example of a regulatory offense, an offense that is malum prohibitum, rather than malum in se.  There is nothing inherently evil about the act of disposing of chemicals; corporations do it legally and safely all the time.  The offense of conviction consists in doing so without permission.  This is the essence of a regulatory offense, which generally does not constitute a crime involving moral turpitude.  See § 7.108, supra.

 

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Ninth Circuit

SAFE HAVENS - HAZARDOUS WASTE - FEDERAL
United States v. Barken, ___ F.3d ___ (9th Cir. June 27, 2005) (sentence for unlawful transportation and disposal of hazardous material without a permit remanded under United States v. Booker, 125 S.Ct. 738 (2005)).
http://caselaw.lp.findlaw.com/data2/circs/9th/0350441p.pdf

 

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