Malum in se is best defined as?

• A. Conduct that is literally illegal because prohibited by statute.
• B. Conduct that is civil in nature.
• C. Conduct that is inherently wrong or immoral.
• D. Conduct that is not criminal.

Answer: (C)

Malum in se refers to conduct that is inherently wrong or immoral. It describes acts that society judges as wrong in themselves, regardless of any specific law labeling them illegal. Homicide, for example, is seen as wrong by its very nature, not just because a statute says so. This is different from malum prohibitum, where the wrongness comes from the law prohibiting the conduct, not from any inherent immorality of the act. Civil actions or behaviors that aren’t criminal are not malum in se, and saying something is not criminal misses the point of this category, since malum in se focuses on inherent moral wrongness rather than the mere existence of a statute.