People v. Fitzgerald

The People are here seeking review of a district court decision which affirmed the county court’s dismissal of disorderly conduct charges against the appellees on the grounds that section 18-9-106( 1 )(a)1 and (c), C.R.S. 1973, are unconstitutional. We reverse as to subsection (c).

The appellees contend that section 18-9-106(1 )(c)2 is unconstitutionally vague because (1) the word “unreasonable” is not specific enough to be commonly understood; and (2) the culpable mental state required is unclear. The appellees further argue that the statute is overbroad and violates the First Amendment of…