Does the rule of lenity apply when there are two interpretations of the penal code?

California, United States of America


The following excerpt is from Donorovich-Odonnell v. Harris, 194 Cal.Rptr.3d 579, 241 Cal.App.4th 1118 (Cal. App. 2015):

10 We disagree with plaintiffs' assertion the rule of lenity should apply. That rule generally requires that ambiguity in a criminal statute should be resolved in favor of lenity, giving the defendant the benefit of every reasonable doubt on questions of interpretation. But ... that rule applies only if two reasonable interpretations of the statute stand in relative equipoise. [Citation.] [Citations.] [Citations.]' [Citation.] The rule of lenity does not apply every time there are two or more reasonable interpretations of a penal statute. [Citation.] Rather, the rule applies only if the court can do no more than guess what the legislative body intended; there must be an egregiousambiguity and uncertainty to justify invoking the rule. [Citation.]' (People v. Nuckles (2013) 56 Cal.4th 601, 611, 155 Cal.Rptr.3d 374, 298 P.3d 867.) Such is not the case here.

Other Questions


Does Section 26 of the Penal Code section 2600 of the California Penal Code apply? (California, United States of America)
How has section 490.2 of the California Penal Code been interpreted in the context of Section 487 of the Penal Code? (California, United States of America)
How has the California Penal Code section 1202.4 of the Penal Code been interpreted in a personal injury case? (California, United States of America)
Does the rule of lenity apply to a criminal defendant's interpretation of the Penal Code? (California, United States of America)
Does the rule of lenity apply when there are two reasonable interpretations of section 647 of the Penal Code? (California, United States of America)
Does former Penal Code section 12020 of the California Penal Code prohibit possession of a wide variety of weapons? (California, United States of America)
Does Penal Code section 490.2 of the California Penal Code constitute a grand theft offence? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
Is a convicted member of a street gang who is serving time for a charge of possession of a firearm with intent to endanger life or cause grievous bodily harm under section 186.22 of the California Penal Code (b)(1)(1) of the Penal Code)? (California, United States of America)
How has Section 654 of the California Penal Code been interpreted and interpreted in the context of a criminal case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.