Crimes of Moral Turpitude

General intent may be described as the intent to perform an act even though the actor does not necessarily desire the consequences that result.[122]  The actor need not even be aware the act is against the law.  This may, but does not necessarily, include a negligent or reckless act.[123]

Where specific or corrupt intent is not an essential element of the offense, the offense will not be held to be a crime involving moral turpitude.  “Moral turpitude is dependent upon the depraved or vicious motive of the alien.  It is in the intent that moral turpitude inheres . . . .  The crime under consideration . . . does not require a specific intent and it does not appear that it is essential that the defendant have a vicious motive or a corrupt mind.  All that appears to be necessary for conviction . . . is that the act be done consciously.”[124]

General intent offenses that do not require at least gross negligence or recklessness are not crimes of moral turpitude.

[122] Black’s Law Dictionary, (8th Ed. 2004), Intent.

[123] United States v. Narvaez-Gomez, 489 F.3d 970 (9th Cir. Jun. 6, 2007) (California general intent offenses, such as willfully and maliciously discharging a firearm at an inhabited dwelling, under Penal Code § 246, permit conviction for conduct showing a conscious indifference to the probable consequence that one or more projectiles will strike the target; the “conscious indifference” intent element is equivalent to recklessness).

[124] Matter of Mueller, 11 I. & N. Dec. 268, 269 (BIA 1965) (Wisconsin conviction of lewd and lascivious conduct by unlawfully, publicly and indecently exposing sex organ held not a crime of moral turpitude).