Malum prohibitum refers to conduct that is?

• A. Conduct that is inherently wrong or immoral.
• B. Conduct that is illegal because prohibited by statute.
• C. Conduct that is criminal because it is prohibited by law.
• D. Conduct that is a civil offense.

Answer: (C)

Malum prohibitum describes acts that are deemed criminal not because they are inherently evil, but because the law prohibits them. These offenses are created by statutes to regulate behavior for public welfare, safety, or administrative reasons, and they become crimes due to the prohibition in the law rather than the moral character of the act itself. That’s why this concept is best captured by describing conduct as criminal because it is prohibited by law.

In contrast, acts that are inherently wrong or immoral— Crimes like murder or robbery—fall under malum in se, which is why they aren’t described as merely prohibited by statute. And while some malum prohibitum offenses can be serious, many are regulatory or public welfare offenses that could be criminal due to statute rather than because of a morally blameworthy act.