Does a challenge to section 5(a)(1) of the Civil Code of Civil Procedure succeed?

Nor does the challenge to section 5(a)(1) succeed. "(W)hether or not a statute is unconstitutionally vague must be assessed in the context of the particular conduct to which it is being applied." United States v. Dacus, 634 F.2d 441, 444 (9th Cir. 1980). To be struck down for vagueness, a statute or regulation must fail " 'to give a person of ordinary intelligence fair notice that his contemplated conduct' " is forbidden. Id., quoting Papachristou v. City of Jacksonville, 405 U.S. 156, 162, 92 S.Ct. 839, 843, 31 L.Ed.2d 110 (1972).