Cunningham v. State

OPINION

By the Court,

Springer, J.:

Appellant Alan Cunningham stands convicted of a violation of provisions of Chapter 599B, Nevada Revised Statutes, entitled “Solicitation by Telephone.” Cunningham complains that the statute is vague and that he cannot understand its meaning. We agree that the statute is vague and conclude that because it does not give fair notice of prohibited conduct, it is violative of the Due Process Clause, Article 1, Section 8 of the Nevada Constitution.

A statute which forbids the doing of an act in terms so vague that people of common intelligence must necessarily guess…