Return to Non-CALJIC Offenses – Contents
F 18.61 n1 Constitutional Challenge To HS 11532: Loitering With Intent To Commit Drug Offense.
HS 11532 prohibits loitering in a public place “in a manner and under circumstances manifesting the purpose and with the intent to commit an offense specified in [the controlled substance statutes].” People v. Ellison (98) 69 CA4th 203 [80 CR2d 120] held that this statute did not violate the vagueness or overbreadth or separation of powers clauses of the California constitution. (See also City of Chicago v. Morales (99) 527 US 41 [144 LEd2d 67; 119 SCt 1849] [criminal liability for loitering without any apparent purpose violates due process. The majority and concurring opinion concluded that “apparent purpose” is too vague because it leaves the decision of who is violating the law to the police].)
[See Brief Bank # B-782 for briefing on this issue.]
F 18.61 n2 Loitering With Intent To Commit Prostitution (PC 653.22): Instruction On Statutory “Relevant Circumstances” As Improper Pinpoint Instruction.
(See FORECITE F 16.456a.)