Taylor v. State

BERGER, Justice:

In this appeal we consider, among other things, the constitutionality of Delaware’s gang participation statute, 11 Del. C. § 616. Appellants argue that the statute is unconstitutionally vague because it does not define the term “actively participates.” In addition, they say that the statute is overbroad because it impinges on the right of free association. Both arguments lack merit. A person of ordinary intelligence can understand what it means to actively participate in a criminal street gang’s criminal conduct, and there is no constitutional right to assemble for the purpose…