Free US Law Dictionary

Decriminalization

Decriminalization is the reduction or abolition of criminal penalties in relation to certain acts. The reverse process is criminalization.

Decriminalization reflects changing social and moral views. A society may come to the view that an act is not harmful, should no longer be criminalized, or is otherwise not a matter to be addressed by the criminal justice system. Examples of subject matter which have been the subject of changing views on criminality over time in various societies and countries include:

• Homosexuality
• Prostitution
• Polygamy[1]
• Possession, use and sale of various psychoactive drugs, but especially cannabis, that were made illegal mostly in the 20th century
• Breastfeeding in public
• Non-sexual public nudity
• Anabolic steroid use

While decriminalized acts are no longer crimes, they may still be the subject of regulation; for example, the licensing and regular medical testing of prostitutes, or a monetary penalty in place of a criminal charge for the possession of a decriminalized drug. This should be contrasted with legalization, which removes all or most legal detriments from a previously illegal act.