What is the test for establishing that a person of ordinary intelligence can reasonably understand what is prohibited in a criminal offence?
"New York", United States of America
The following excerpt is from People v. Martin, 100 Misc.2d 774, 420 N.Y.S.2d 318 (N.Y. City Ct. 1979):
"The constitutional requirement of definiteness is violated by a criminal statute that fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute. The underlying principle is that no man shall be held criminally responsible for conduct which he could not reasonably understand to be proscribed" (United States v. Harriss, 347 U.S. 612, 617-18, 74 S.Ct. 808, 812, 98 L.Ed. 989).
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