Can a judge retroactively retroactively make a defendant criminally liable for a violation of his right to privacy?

California, United States of America

The following excerpt is from People v. Harris, C075446 (Cal. App. 2015):

Due process prohibits the retroactive application of a judicial enlargement of statutory criminal liability, if that enlargement is unexpected and indefensible in light of the law at the time of the conduct at issue. In other words, holding a defendant criminally liable for conduct that could not reasonably be anticipated to be prohibited violates due process. (Bouie v. City of Columbia (1964) 378 U.S. 347, 352-354 [12 L.Ed.2d 894, 899-

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900]; People v. Crew (2003) 31 Cal.4th 822, 853; People v. Morante (1999) 20 Cal.4th 403, 431.)

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Can a judge retroactively retroactively make a defendant criminally liable for a violation of his right to privacy?

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