Malum prohibitum (plural mala prohibita, literal translation: "wrong [as or because] prohibited") is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute,[1] as opposed to conduct that is evil in and of itself, or malum in se.
An offense that is malum prohibitum may not appear on the face to directly violate moral standards.
"Public welfare offenses" are a subset of malum prohibitum offenses as they are typically regulatory in nature and often "'result in no direct or immediate injury to person or property but merely create the danger or probability of it which the law seeks to minimize.'"
715, 717, 620 P.2d 137 (1980).Examples of offenses that are generally regarded as mala prohibita include disorderly conduct, gambling, possession of a controlled substance, prostitution, public intoxication, resisting arrest, speeding, and vagrancy.
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