When to Use Malum Prohibitum?

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, as opposed to conduct that is evil in and of itself, or malum in se.

What is malum prohibitum in law?

Legal Definition of malum prohibitum

: an offense prohibited by statute but not inherently evil or wrong is malum prohibitum and, therefore, does not demand mens rea — Commonwealth v. Guthrie, 616 A.2d 1019 (1992) —often used with a preceding noun (as crime or act) acts malum prohibitum — compare malum in se.

What is an example of malum prohibitum?

In criminal law it is one of the collection of crimes which are traditional and not just created by statute, which are "malum prohibitum." Example: murder, rape, burglary and robbery are malum in se, while violations of the Securities and Exchange Act or most "white collar crimes" are malum prohibitum.