Legal Definitions - illegal

Illegal describes any action that is against or not authorized by law. While often referring to violations of criminal law, it also encompasses actions that violate civil legal obligations or public policy, even if they are not punishable under criminal statutes.

The term illegal refers to any action, conduct, or situation that is forbidden or not authorized by the law. When something is illegal, it means it goes against the established legal rules and regulations set forth by a government or authorized body. This can include violations of criminal statutes, civil regulations, or fundamental principles of public policy.

• Example 1: Shoplifting

  Imagine a person walks into a retail store, takes an item from a shelf, and leaves without paying for it. This act is illegal.

  This illustrates the term because laws in every jurisdiction explicitly prohibit theft, making it a criminal offense. By taking property that does not belong to them without payment, the individual has violated a specific criminal statute.

• Example 2: Operating an Unlicensed Business

  Consider an individual who decides to open a daycare center in their home without obtaining the required state licenses, health permits, or safety inspections.

  This situation is illegal because specific administrative laws and regulations mandate that businesses, especially those involving the care of children, must meet certain standards and acquire proper licensing to ensure public safety and welfare. Operating without these necessary authorizations constitutes a violation of these regulatory laws.

• Example 3: A Contract for Prohibited Services

  Suppose two individuals enter into a written agreement where one promises to pay the other a large sum of money to illegally smuggle goods across a national border.

  This contract is illegal. Even though it's a private agreement, its purpose is to facilitate a criminal act (smuggling). Courts will not recognize or enforce such an agreement because it violates fundamental legal principles and public policy against engaging in criminal conduct.