FOCL Practice Test

Which of the following offenses is categorized as a malum prohibitum crime?

1. Theft

2. Assault

3. Parking violation

4. Murder

The correct answer is: Parking violation

A malum prohibitum crime refers to an act that is considered illegal simply because it is prohibited by law, rather than being inherently wrong. These offenses are often regulatory in nature and do not necessarily cause direct harm to other individuals. The parking violation is a prime example of a malum prohibitum crime, as it is not inherently immoral but becomes illegal due to specific laws or regulations governing parking. These laws are created to maintain order, public safety, and the proper use of public space, rather than to protect individuals from harm. In contrast, offenses like theft, assault, and murder fall under the category of malum in se crimes. These crimes are considered wrong in themselves, as they directly harm individuals or society at large. Thus, understanding the distinction between these categories is crucial in the study of criminal law.