What is the test for constitutionality of a penal statute?

California, United States of America


The following excerpt is from People v. Superior Court (Aishman), 17 Cal.App.4th 1489, 22 Cal.Rptr.2d 311 (Cal. App. 1993):

The constitutionality of a penal statute is a question of law. We review such questions de novo, under a non-deferential standard. (People v. Price (1991) 1 Cal.4th 324, 409, 3 Cal.Rptr.2d 106, 821 P.2d 610.)

[17 Cal.App.4th 1355]

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