Unconstitutionally Vague Statute Cases

A statute is unconstitutionally vague if it does not provide persons of ordinary intelligence reasonable notice of prohibited behavior and if it "fails to provide explicit standards for those who apply it," allowing for arbitrary and discriminatory enforcement. State v. Tocco, 156 Ariz. 116, 118, 750 P.2d 874, 876 (1988) (citing Grayned v. City of Rockford, 408 U.S. 104, 108-09, 33 L. Ed. 2d 222, 92 S. Ct. 2294 (1972)). A defendant has standing to challenge a statute as vague only if that defendant has suffered a threatened or actual injury because of the alleged vagueness. State v. Lefevre, 193 Ariz. 385, 389, 972 P.2d 1021, 1025 P16 (App. 1998). However, with the exception of challenges based on First Amendment grounds, a defendant whose conduct clearly falls within the legitimate purview of the statute has no standing to challenge the statute as vague. See State v. Steiger, 162 Ariz. 138, 144-45, 781 P.2d 616, 622-23 (App. 1989). A statute is void for vagueness if it fails to give persons of average intelligence reasonable notice of what behavior is prohibited, or is drafted in a way that allows for arbitrary and discriminatory enforcement. State v. Lefevre, 193 Ariz. 385, 390, 972 P.2d 1021, 1026 P18 (App. 1998). Whether a statute is unconstitutionally vague is generally determined by examining its application to the facts of the particular case. Norton v. Superior Court, 171 Ariz. 155, 157, 829 P.2d 345, 347 (App. 1992).