What is the test for determining whether a crime involves moral turpitude?

California, United States of America


The following excerpt is from People v. Gutierrez, D069706 (Cal. App. 2017):

To determine whether a crime involves moral turpitude, the court may consider only whether the "least adjudicated elements of the conviction necessarily involve moral turpitude" and may not consider the particular acts of misconduct giving rise to the defendant's conviction. (People v. Castro, supra, 38 Cal.3d at p. 317.) The court must consider whether one can reasonably infer from those elements the presence of moral turpitude, i.e., "dishonesty, a ' "general readiness to do evil," ' ' "bad character," ' or 'moral

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depravity.' " (People v. Gabriel (2012) 206 Cal.App.4th 450, 456.) This determination is a question of law. (People v. Gray (2007) 158 Cal.App.4th 635, 640.)

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