What is the test for determining whether a statute is sufficiently vague?

California, United States of America


The following excerpt is from People v. Arana, A139425 (Cal. App. 2016):

"In determining whether a statute is sufficiently certain to comport with due process standards, the court will 'look first to the language of the statute, then to its legislative history, and finally to California decisions construing the statutory language.' [Citation.]" (People v. Estrada (1995) 11 Cal.4th 568, 581.) "What renders a statute vague is not the possibility that it will sometimes be difficult to determine whether the

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incriminating fact it establishes has been proved; but rather the indeterminacy of precisely what that fact is." (United States v. Williams, supra, 553 U.S. at pp. 288, 306.)

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