How have courts interpreted the definition of "exclusive factors" in determining the meaning of a statutory definition of sexual activity?
MultiRegion, United States of America
The following excerpt is from Evergreen Ass'n, Inc. v. City of N.Y., Docket No. 11-2735-cv, Docket No. 11-2929-cv (2nd Cir. 2014):
The use of nonexclusive factors is admittedly imprecise, but the "prohibition against excessive vagueness does not invalidate every statute which a reviewing court believes could have been drafted with greater precision." Rose v. Locke, 423 U.S. 48, 49 (1975). "Many statutes will have some inherent vagueness, for in most English words and phrases there lurk uncertainties." Id. at 49-50 (internal quotation marks and alterations omitted).
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