What is the test for a motion alleging that a section of the California Criminal Code is vague or ambiguous?

California, United States of America


The following excerpt is from Terry H., In re, 40 Cal.App.4th 1675, 47 Cal.Rptr.2d 791 (Cal. App. 1995):

"Due process requires a reasonable degree of certainty in legislation, especially in the criminal law.... [Citations.] Thus, a statute must be definite enough to provide (1) a standard of conduct for those whose activities are proscribed and (2) a standard for police enforcement and for ascertainment of guilt. [Citation.] ... [p] ... In order to succeed on a facial vagueness challenge to a legislative measure that does not threaten constitutionally protected conduct ... a party must do more than identify some instances in which the application of the statute may be uncertain or ambiguous; he must demonstrate that the law is impermissibly vague in all of its applications. [Citations.] Defendant cannot pass this test." (People v. Kelly (1992) 1 Cal.4th 495, 533-534, 3 Cal.Rptr.2d 677, 822 P.2d 385, internal quotation marks omitted.) 6

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