[DOWNLOAD] "People V. Superior Court Of Santa Clara County" by Supreme Court Of California # eBook PDF Kindle ePub Free

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eBook details

• Title: People V. Superior Court Of Santa Clara County
• Author : Supreme Court Of California
• Release Date : January 22, 1988
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 86 KB

Description

Penal Code section 647, subdivision (d) (hereafter section 647(d)) provides that any person "[who] loiters in or about any toilet open to the public for the purpose of engaging in or soliciting any lewd or lascivious or any unlawful act" is guilty of a misdemeanor. (All further statutory references are to the Penal Code unless otherwise stated.) In this proceeding, petitioners Ralph Caswell, Kenneth Grassi, and 14 other persons charged with violating this provision (hereafter defendants) seek dismissal of the charges on the ground that section 647(d) is unconstitutionally vague on its face. As we explain, after a review of the governing federal and state constitutional precedents and an analysis of numerous decisions from other states which have considered comparable vagueness challenges to similar, narrowly focused loitering provisions, we have concluded that section 647(d) is sufficiently definite to withstand defendants' facial constitutional attack.

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