4 ms·
Off the top of my head I don't know. Is the existence of a prior prosecution based on identical or substantially similar facts a condition precedent for a statu
by nkw 9y ago
Off the top of my head I don't know. Is the existence of a prior prosecution based on identical or substantially similar facts a condition precedent for a statute to be violated?
- strictnein 9y agoThe reason I'm asking is that, IANAL, but I doubt that law was intended to cover something like this. So I'm simply wondering if it had been applied in a similar way in the past, because that would be the best indicator of whether or not it was applicable.
- nkw 9y agoIt is an enormously broad statute. Many would say too much so. This article[1] advocates that it is too broad, but provides some useful examples of how it has been interpreted and applied. Whether or not it was intended to cover something like this is not really relevant as to whether or not the statute was violated. I think what you might be getting at is the question of whether or not the statute is unconstitutionally vague, which is a pretty good argument, but has been mostly rejected by the courts. [1] https://repository.jmls.edu/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1069&context=lawreview https://repository.jmls.edu/cgi/viewcontent.cgi?referer=http...