Classification of an offense as a crime involving moral turpitude (CIMT) is based on the elements of the offense, not on the facts of the case. Generally, an offense involves moral turpitude if it contains elements of fraud, theft, and intent to cause great bodily harm, and sometimes lewdness, recklessness, or malice. Felony or misdemeanor classification is not determinative unless the felony and misdemeanor offenses actually have different elements. State court rulings on moral turpitude for civil impeachment purposes are not controlling for immigration. Because the definition of moral turpitude is unclear, there is often uncertainty as to whether an offense will be held to be a CIMT. For more discussion of specific offenses, see works listed in the “Resources” section of Appendix C. If a criminal statute is divisible for moral turpitude—meaning it punishes some offenses that are CIMT’s and others that are not—the reviewing authority can look only to the record of conviction to determine whether the conviction was for the turpitudinous section. See Chapter Four for more on the

Record of Conviction. Whether a noncitizen becomes deportable or inadmissible under CIMT grounds depends on the number of CIMT convictions, the potential or imposed sentence, and the date the offense was committed. Convictions of offenses that do not involve moral turpitude—e.g., drunk driving, simple assault—do not affect this analysis.