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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 789

Citation
Section 789
Parent Document
Hale v. Morgan, 584 P.2d 512 (1978)
Jurisdiction
California (state)
Effective Date
1978-09-28

Other Sections in This Document (116)

Full Text

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Defendant's references to Lambert v. California (1957) 355 U.S. 225 [2 L.Ed.2d 228, 78 S.Ct. 240], and other federal criminal cases are not helpful to his position. In Lambert, a city ordinance requiring ex-felons who entered the city to register with the police department was held unconstitutional as applied to one who was ignorant of its provisions. The Lambert holding is expressly based on the fact that the ordinance there in question punished a passive, nonwilful failure to act. (Id., at p. 228 [2 L.Ed.2d at p. 231].) Here, in contrast, we consider a statute punishing only the overt, affirmative act of terminating utilities with the specific intent to accomplish an unlawful objective.