Mala Prohibita

[Latin, Wrongs prohibited.] A term used to describe conduct that is prohibited by laws, although not inherently evil.

Courts commonly classify statutory crimes as mala prohibita. This, however, is not a fixed rule since not all statutory crimes are classified as such.

Examples of mala prohibita include public intoxication and carrying a concealed weapon.

mala prohibita

MALA PROHIBITA. Those things which are prohibited by law, and therefore unlawful.
2. A distinction was formerly made in respect of contracts, between mala prohibita and mala in se; but that distinction has been exploded, and, it is now established that when the provisions of an act of the legislature have for their object the protection of the public, it makes no difference with respect to contracts, whether the thing be prohibited absolutely or under a penalty. 5 B. & A 5, 340; 10 B. & C. 98; 3 Stark. 61; 13 Pick. 518; 2 Bing. N. C. 636, 646.