How have courts interpreted the terms "lewd" and "dissolute" in section 647, subdivision (a) of the Criminal Code?

California, United States of America


The following excerpt is from Pryor v. Municipal Court, 158 Cal.Rptr. 330, 25 Cal.3d 238, 599 P.2d 636 (Cal. 1979):

This impressive list of adjectives and phrases confers no clarity upon the terms "lewd" and "dissolute" in section 647, subdivision (a). Indeed, "the very phrases and synonyms through which meaning is purportedly ascribed serve to obscure rather than to clarify those terms." (State v. Kueny (Iowa 1974) 215 N.W.2d 215, 217 (holding the phrase "open and gross lewdness" unconstitutionally vague).) To instruct the jury that a "lewd or dissolute" act is one which is morally "loose," or "lawless," or "foul" piles additional uncertainty upon the already vague words of the statute. In short, vague statutory language is not rendered more precise by defining it in terms of synonyms of equal or greater uncertainty.

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