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,[SUP]
[1][/SUP] as opposed to conduct that is evil in and of itself, or
malum in se.[SUP]
[2]
[/SUP]
Conduct that is so clearly violative of society's standards for allowable conduct that it is illegal under English
common law is usually regarded as
malum in se. An offense that is
malum prohibitum may not appear on the face to directly violate
moral standards. The distinction between these two cases is discussed in
State of Washington v. Thaddius X. Anderson:[SUP]
[3][/SUP]
Criminal offenses can be broken down into two general categories malum in se and malum prohibitum. The distinction between malum in se and malum prohibitum offenses is best characterized as follows: a malum in se offense is "naturally evil as adjudged by the sense of a civilized community," whereas a malum prohibitum offense is wrong only because a statute makes it so. State v. Horton, 139 N.C. 588, 51 S.E. 945, 946 (1905).
"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.'" Bash, 130 Wn.2d at 607 (quoting Morissette v. United States, 342 U.S. 246, 255-56, 72 S. Ct. 240, 96 L. Ed. 288 (1952)); see also State v. Carty, 27 Wn. App. 715, 717, 620 P.2d 137 (1980).