Is section 646.9 of the California Code of Civil Procedure a defense or a defense?
California, United States of America
The following excerpt is from People v. Crittenden, H045195 (Cal. App. 2020):
raised and proved by the defendant." (People v. Lam (2004) 122 Cal.App.4th 1297, 1301.) Applying this general principle of statutory construction, we conclude the exclusion of constitutionally protected activity is a defense rather than an element of section 646.9.
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