State v. Richmond

The State filed this appeal asking for reversal of a trial court ruling that the criminal nonsupport statute, RCW 26.20.030(l)(b), is unconstitutionally vague. We agree with the trial judge that the statute is unconstitutionally vague under the due process clause of U.S. Const. amend. 14 because the "without lawful excuse" element has not been sufficiently clarified by statute or case authority. This holding is consistent with two recent rulings of this court which criticized the lack of constitutionally required precision in the words "lawful excuse." Accordingly, we affirm.

Respondent, Byron…