A crime involves moral turpitude in Georgia when it is base, vile, or dishonest – not merely when it is illegal.
Where the Definition Comes From
OCGA 19-5-3(8) uses the phrase but never defines it. The definition Georgia courts use came out of a divorce case, Holloway v. Holloway, 126 Ga. 459 (1906):
“Turpitude in its ordinary sense involves the idea of inherent baseness or vileness; shameful wickedness; depravity. In its legal sense it includes everything done contrary to justice, honesty, modesty, or good morals.”
Holloway added that the word “moral” in front of “turpitude” “does not seem to add anything to the meaning of the term.”
What Qualifies
Holloway held that voluntary manslaughter involves moral turpitude. The reasoning is the useful part: there was no malice and no deliberation, but “the manslayer intends to kill, and carries out the intention in an unlawful manner,” and “[w]henever one intentionally and wrongfully takes human life, he does an act which is base, vile, depraved, and contrary to good morals.”
Georgia courts have applied that same definition ever since, well beyond divorce. In Huff v. Anderson, 212 Ga. 32 (1955), a challenge to a school superintendent’s eligibility for office, the Georgia Supreme Court quoted Holloway in full and held that presenting false claims for payment was a crime of moral turpitude. Offenses of “obtaining money from another by fraud or false pretenses, or larceny after trust,” the Court said, involve moral turpitude.
The Test Is the Nature of the Act, Not the Punishment
Notice what neither case asked about. Whether the offense is a felony, and how long the sentence ran, are separate questions – Huff even involved a suspended sentence.
The inquiry is into the character of the conduct, so crimes built on dishonesty or deliberate harm to another person are the ones that qualify.
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This post is a quick overview of the law and is not intended as legal advice. Please feel free to contact our office for a consultation if you have questions about this or any other legal aspects regarding your case!