Is section 207(b) of the Ontario Criminal Code vague or unconstitutionally vague?

California, United States of America


The following excerpt is from People v. Claudio, G050466 (Cal. App. 2015):

Alternatively, defendant contends we must reverse his conviction because section 207(b) is unconstitutionally vague. Due process requires "that a penal statute define the criminal offense with sufficient definiteness that ordinary people can understand what conduct is prohibited and in a manner that does not encourage arbitrary and discriminatory enforcement." (Kolender v. Lawson (1983) 461 U.S. 352, 357.) The words describing the prohibited actus reus (inducing movement by hiring, persuading, enticing, decoying, or seducing by false promises) are clear and specific. The statute is not void for vagueness.

The judgment is affirmed.

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