What is the test for a challenge to the constitutionality of a statute that prohibits certain types of sexual activity?

MultiRegion, United States of America

The following excerpt is from U.S. v. Williams, 97 F.3d 1463 (9th Cir. 1996):

Challenges to a statute's constitutionality are reviewed de novo. United States v. Harding, 971 F.2d 410, 412 (9th Cir.1992), cert. denied, 506 U.S. 1070 (1993). A statute is void for vagueness when a person of average intelligence cannot reasonably understand what is prohibited. United States v. Bohonus, 628 F.2d 1167, 1174 (9th Cir.), cert. denied, 447 U.S. 928 (1980).

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