State v. Kueny, 215 N.W.2d 215 (Iowa 1974). · Go Syfert
State v. Kueny, 215 N.W.2d 215 (Iowa 1974). Cases Citing This Book View Copy Cite
“lthough the words 'lewdness' and 'indecent' have often been defined, the very phrases and synonyms through which meaning is purportedly ascribed serve to obscure rather than clarify those terms.”
99 citation events (6 in the last 25 years) across 11 distinct courts.
Strongest positive: State v. Aldrich (iowa, 1975-07-31)
Treatment trajectory · 1974 → 2026 · click a year to view as-of
1974 2000 2026
Top citers, strongest first. 39 distinct citers.
examined Cited as authority (verbatim quote) State v. Aldrich (6×) also: Cited "see"
Iowa · 1975 · signal: see · quote attribution · 2 verbatim quotes · confidence high
by way of exclusion, since this appeal stems from a judgment sustaining defendant's demurrer, our review is confined to alleged facial invalidity
discussed Cited as authority (quoted) In re A.P., Juvenile (2×) also: Cited as authority (rule)
Vt. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence low
lthough the words 'lewdness' and 'indecent' have often been defined, the very phrases and synonyms through which meaning is purportedly ascribed serve to obscure rather than clarify those terms.
cited Cited as authority (rule) Nathan Daniel Olsen v. State of Iowa
Iowa · 2024 · confidence medium
Title Ins. v. Huff, 256 N.W.2d 17, 25 (Iowa 1977) (en banc) (quoting State v. Kueny, 215 N.W.2d 215, 217 (Iowa 1974)).
discussed Cited as authority (rule) State of Iowa v. Christopher Craig Thompson
Iowa · 2013 · confidence medium
Defender, 791 N.W.2d 69, 74 (Iowa 2010); State v. Nail, 743 N.W.2d 535, 539-40 (Iowa 2007); State v. Wiederien, 709 N.W.2d 538, 542 (Iowa 2006); State v. Kueny, 215 N.W.2d 215, 216-17 (Iowa 1974); see also Ashwander v. Tenn. Valley Auth., 297 U.S. 288, 348 , 56 S.Ct. 466, 483 , 80 L.Ed. 688, 712 (1936) (Brandeis, J., concurring) (“‘When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the qu…
discussed Cited as authority (rule) State v. Vogt
N.J. Super. Ct. App. Div. · 2001 · confidence medium
The court reasoned: A statutory term provides fair warning if the meaning of the word "is to be fairly ascertainable by reference to similar statutes, prior judicial determinations, reference to the dictionary, or if the questioned words have a common and generally accepted meaning." State v. Kueny, 215 N.W. 2d 215, 217 (Iowa 1974).
discussed Cited as authority (rule) State v. Robinson (2×)
Iowa · 2000 · confidence medium
In considering the vagueness of a statutory term, we apply the following rule: A statutory term provides fair warning if the meaning of the word “is [to be] fairly ascertainable by reference to similar statutes, prior judicial determinations, reference to the dictionary, or if the questioned words have a common and generally accepted meaning.” Hunter, 550 N.W.2d at 465 (quoting State v. Kueny, 215 N.W.2d 215, 217 (Iowa 1974)).
discussed Cited as authority (rule) State v. Reed (2×)
Iowa · 2000 · confidence medium
As the State points out, statutory terminology provides a defendant fair warning if the meaning of such terminology is “ ‘fairly ascertainable by reference to similar statutes, prior judicial determinations, reference to the dictionary, or if the questioned words have a common and generally accepted meaning.’ ” Hunter, 550 N.W.2d at 465 (quoting State v. Kueny, 215 N.W.2d 215, 217 (Iowa 1974)). i. “Preparatory.” The dictionary meaning of the word “preparatory” is “preparing or serving to prepare for something.” Webster’s Third New International Dictionary 1790 (unabr. ed.…
discussed Cited as authority (rule) State v. Hunter
Iowa · 1996 · confidence medium
A statutory term provides fair warning if the meaning of the word “is to be fairly ascertainable by reference to similar statutes, prior judicial determinations, reference to the dictionary, or if the questioned words have a common and generally accepted meaning.” State v. Kueny, 215 N.W.2d 215, 217 (Iowa 1974).
cited Cited as authority (rule) State v. Henderson
Iowa · 1991 · confidence medium
He thinks the phrases, through common usage, have become “so generalized as to encompass an infinite variety of behavioral patterns.” He cites State v. Kueny, 215 N.W.2d 215, 218 (Iowa 1974).
discussed Cited as authority (rule) Osborne v. Ohio (2×)
SCOTUS · 1990 · confidence medium
But “the very phrases and synonyms through which meaning is purportedly ascribed serve to obscure rather than clarify.” State v. Kueny, 215 N. W. 2d 215, 217 (Iowa 1974).
discussed Cited as authority (rule) United States Jaycees v. Iowa Civil Rights Commission (2×)
Iowa · 1988 · confidence medium
E.g., State v. Kueny, 215 N.W.2d 215, 219 (Iowa 1974).
discussed Cited as authority (rule) D.C. & M.S. v. City of St. Louis
8th Cir. · 1986 · confidence medium
Appellants cite State v. Kueny, 215 N.W.2d 215, 218 (Iowa 1974), for the proposition that the common usage of the terms “indecent” and “lewd” “has eroded the effective employment of such terms in any statutory enactment, absent an attendant specific definition thereof, as descriptions of proscribed ultimate criminal conduct.” We find this observation to be persuasive.
cited Cited as authority (rule) State v. Bauer
Iowa · 1983 · confidence medium
We found the former indecent exposure statute unconstitutionally vague in State v. Kueny, 215 N.W.2d 215, 218-19 (Iowa 1974).
cited Cited as authority (rule) City of Cedar Falls v. Flett
Iowa · 1983 · confidence medium
Grayned v. City of Rockford, 408 U.S. 104 , 108-09, 92 S.Ct. 2294, 2298-99 , 33 L.Ed.2d 222, 227 (1972); State v. Kueny, 215 N.W.2d 215, 217 (Iowa 1974).
discussed Cited as authority (rule) Commonwealth v. Sefranka
Mass. · 1980 · confidence medium
In ordinary usage, terms such as “lewd” and “wanton” “do not imply a definite and specific referent, but apply broadly to conduct which the speaker considers beyond the bounds of propriety.” Pryor v. Municipal Court for the Los Angeles Judicial Dist., 25 Cal. 3d 238 , 246-247 (1979) (attempting to define “lewd or dissolute conduct”). 3 See State *112 v. Kueny, 215 N.W.2d 215, 218 (Iowa 1974) (noting such terms are effectively meaningless today and unacceptable in criminal statutes absent an attendant definition of the specific conduct proscribed). 4 In our search for a clear me…
cited Cited as authority (rule) State v. Sullivan
Iowa · 1980 · confidence medium
See Miller v. Iowa Real Estate Commission, 274 N.W.2d 288, 291 (Iowa 1979); State v. Kueny, 215 N.W.2d 215, 216 (Iowa 1974).
discussed Cited as authority (rule) Pryor v. Municipal Court
Cal. · 1979 · confidence medium
Indeed, “the veiy phrases and synonyms through which meaning is purportedly ascribed serve to obscure rather than to clarify those terms.” (State v. Kueny (Iowa 1974) 215 N.W.2d 215, 217 (holding the phrase “open and gross lewdness” unconstitutionally vague).) To instruct the jury that a “lewd or dissolute” act is one which is morally “loose,” or “lawless,” or “foul” piles additional uncertainty upon the already vague words of the statute.
discussed Cited as authority (rule) Pryor v. Municipal Court (2×)
Cal. · 1979 · confidence medium
Indeed, “the veiy phrases and synonyms through which meaning is purportedly ascribed serve to obscure rather than to clarify those terms.” (State v. Kueny (Iowa 1974) 215 N.W.2d 215, 217 (holding the phrase “open and gross lewdness” unconstitutionally vague).) To instruct the jury that a “lewd or dissolute” act is one which is morally “loose,” or “lawless,” or “foul” piles additional uncertainty upon the already vague words of the statute.
cited Cited as authority (rule) Williams v. Osmundson
Iowa · 1979 · confidence medium
State v. Donner, 243 N.W.2d 850, 853 (Iowa 1976); State v. Kueny, 215 N.W.2d 215, 217 (Iowa 1974).
cited Cited as authority (rule) Knight v. IOWA DIST. COURT OF STORY CTY.
Iowa · 1978 · confidence medium
State v. Donner, 243 N.W.2d 850, 853 (Iowa 1976); State v. Kueny, 215 N.W.2d 215, 217 (Iowa 1974).
cited Cited as authority (rule) Knight v. Iowa District Court of Story County
Iowa · 1978 · confidence medium
State v. Donner, 243 N.W.2d 850, 853 (Iowa 1976); State v. Kueny, 215 N.W.2d 215, 217 (Iowa 1974).
cited Cited as authority (rule) Chicago Title Insurance Co. v. Huff
Iowa · 1977 · confidence medium
(Citations).” State v. Kueny, 215 N.W.2d 215, 216-217 (Iowa 1974).
discussed Cited as authority (rule) Moorman Manufacturing Co. v. Bair (2×)
Iowa · 1977 · confidence medium
State v. Kueny, 215 N.W.2d 215, 216-217 (Iowa 1974); Sampson v. City of Cedar Falls, 231 N.W.2d 609, 612 (Iowa 1975); State v. Kramer, 231 N.W.2d 874, 879-880 (Iowa 1975); State v. Aldrich, 231 N.W.2d 890, 894 (Iowa 1975); Avery v. Peterson, 243 N.W.2d 630, 633 (Iowa 1976); City of Waterloo v. Selden, 251 N.W.2d 506, 508 (Iowa 1977).
cited Cited as authority (rule) State v. Davison
Iowa · 1976 · confidence medium
State v. Kueny, 215 N.W.2d 215, 216 (Iowa 1974).
discussed Cited as authority (rule) State v. Speck
Iowa · 1976 · confidence medium
“Finally, a party attacking any statutory enactment must negate every reasonable *290 basis of support for such statute. * * * [citing authorities].” State v. Kueny, 215 N.W.2d 215, 216-217 (Iowa 1974).
discussed Cited as authority (rule) State v. Pilcher (2×)
Iowa · 1976 · confidence medium
“And legislative enactments will not be held unconstitutional unless they are shown to clearly, palpably and without doubt infringe upon constitutional rights. * * * [citing authorities], “Finally, a party attacking any statutory enactment must negate every reasonable basis of support for such statute. * * * [citing authorities].” State v. Kueny, 215 N.W.2d 215, 216-217 (Iowa 1974).
discussed Cited as authority (rule) State v. Price (2×) also: Cited "see, e.g."
Iowa · 1976 · confidence medium
She relies upon State v. Kueny, 215 N.W.2d 215, 219 (Iowa 1974), in which we held the word was unconstitutionally vague as employed in § 725.1, The Code, 1971.
discussed Cited as authority (rule) State v. Williams (2×)
Iowa · 1976 · confidence medium
Our rules which act to support statutes under constitutional attack were summarized in State v. Aldrich, 231 N.W.2d 890, 894 (Iowa 1975) and State v. Kueny, 215 N.W.2d 215, 216-217 (Iowa 1974) and need not be repeated here.
cited Cited as authority (rule) State v. Monroe
Iowa · 1975 · confidence medium
State v. Kueny, 215 N.W.2d 215, 219 (Iowa 1974).
cited Cited as authority (rule) State v. Kramer
Iowa · 1975 · confidence medium
State v. Kueny, 215 N.W.2d 215, 216 (Iowa 1974).
cited Cited as authority (rule) State v. Hall
Iowa · 1975 · confidence medium
Keasling v. Thompson, Iowa, 217 N.W.2d 687, 689 ; State v. Kueny, Iowa, 215 N.W.2d 215, 216, 217 , and citations.
discussed Cited as authority (rule) State v. Books
Iowa · 1975 · confidence medium
Keasling v. Thompson, supra, 217 N.W.2d at 689 ; State v. Kueny, 215 N.W.2d 215, 216, 217 (Iowa 1974); Lee Enterprises, Inc. v. Iowa State Tax Commission, 162 N.W.2d 730, 737 (Iowa 1968) and Graham v. Worthington, 259 Iowa 845, 850 , 146 N.W.2d 626, 631 (1966).
discussed Cited "see" State v. Milner
Iowa · 1997 · signal: accord · confidence high
He points out the statute does not define the terms “threaten” and “explosive device.” “Despite the lack of an express definition, a statute is not unconstitutionally vague if the meaning of the words used can be fairly ascertained by reference to their ordinary and usual meaning, the dictionary, similar statutes, the common law, or previous judicial determinations.” Osmundson, 546 N.W.2d at 909 ; accord Hunter, 550 N.W.2d at 465 (“A statutory term provides fair warning if the meaning of the word ‘is to be fairly ascertainable by reference to similar statutes, prior judicial de…
discussed Cited "see" City of Des Moines v. Lavigne
Iowa · 1977 · signal: see · confidence high
See State v. Kueny, 215 N.W.2d 215, 217 (Iowa 1974) where we said: “By way of exclusion, since this appeal stems from a judgment sustaining defendant’s demurrer, our review is confined to alleged facial invalidity * See also Henrichs, supra, 207 N.W.2d at 807 .
discussed Cited "see" State v. Lavin
Iowa · 1974 · signal: accord · confidence high
Accord, State v. Kueny, supra. We now hold § 725.5, The Code, to be unconstitutionally vague and over- broad for the same reasons § 725.3 was so held in State v. Wedelstedt, supra. The judgment of the district court sustaining the defendants’ demurrer was correct.
discussed Cited "see, e.g." ca8 1986
8th Cir. · 1986 · signal: see also · confidence medium
See also United States v. Cox, 719 F.2d 285, 287 (8th Cir.1983), cert. denied, 466 U.S. 929 , 104 S.Ct. 1714 , 80 L.Ed.2d 186 (1984). 16 Appellants cite State v. Kueny, 215 N.W.2d 215, 218 (Iowa 1974), for the proposition that the common usage of the terms "indecent" and "lewd" "has eroded the effective employment of such terms in any statutory enactment, absent an attendant specific definition thereof, as descriptions of proscribed ultimate criminal conduct." We find this observation to be persuasive. 17 The ordinance itself containing no definition of the words "indecent or lewd act of behav…
discussed Cited "see, e.g." State v. Robertson
Iowa · 1984 · signal: see also · confidence medium
See State v. Sullivan, 298 N.W.2d 267, 270 (Iowa 1980) (“The person mounting the constitutional challenge on a legislative enactment carries the heavy burden to rebut a strong presumption of constitutionality.”) (vagueness challenge); see also State v. Kueny, 215 N.W.2d 215, 216-47 (Iowa 1974) (same); State v. Vick, 205 N.W.2d 727, 729 (Iowa 1973) (same).
cited Cited "see, e.g." State v. Groetken
Iowa · 1974 · signal: see also · confidence low
See also State of Iowa v. Kueny, 215 N.W.2d 215 (Iowa, filed February 20, 1974).
discussed Cited "see, e.g." Erb v. Iowa State Board of Public Instruction
Iowa · 1974 · signal: see also · confidence low
But see Konigsberg v. State Bar, 353 U.S. 252 , 77 S.Ct. 722 , 1 L.Ed.2d 810 (1957); Musser v. Utah, 333 U.S. 95 , 68 S.Ct. 397 , 92 L.Ed. 562 (1948); State v. Musser, 118 Utah 537 , 223 P.2d 193 (1950) (upon remand); Burton v. Cascade School District Union High School No. 5, 353 F.Supp. 254 (D.Or.1973) ; see also State v. Kueny, 215 N.W.2d 215 (Iowa 1974) (filed February 20, 1974); State v. Wedelstedt, 213 N.W.2d 652 (Iowa 1973).
STATE of Iowa, Appellant,
v.
Laura KUENY, Appellee
55993.
Supreme Court of Iowa.
Feb 20, 1974.
215 N.W.2d 215
Richard C. Turner, Atty. Gen., Fred M. Haskins, Asst. Atty. Gen., and William G. Faches, Linn Co. Atty., for appellant., Judith W. Redmond and J. H. Ehrhart, Cedar Rapids, for appellee.
Moore, Rawlings, Legrand, Reynold-Son, McCormick.
Cited by 62 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 70%
Citer courts: Supreme Court of Vermont (1)
RAWLINGS, Justice.

State appeals from municipal court judgment sustaining demurrer by defendant Laura Kueny to an information charging her with open and gross lewdness and indecent exposure in violation of The Code 1971, Section 725.1. We affirm.

October 5, 1972, defendant was charged by information with violation of § 725.1, which provides:

“If any man and woman not being married to each other, lewdly and viciously associate and cohabit together, or if any man or woman, married or unmarried, is guilty of open and gross lewdness, and designedly makes an open and indecent or obscene exposure of his or her person, or of the person of another, every such person shall be imprisoned in the county jail not exceeding six months, or be fined not exceeding two hundred dollars.” (Emphasis supplied).

November 10, 1972, defendant demurred on the basis (1) the statute is unconstitutionally vague, and (2) facts stated in the information do not constitute a crime.

December 19, 1972, municipal court held § 725.1 is unconstitutionally vague, duplicitous and discriminatory.

On this appeal State contends municipal court erred in so holding.

I. An orderly approach to a resolution of the issues before us necessitates a prefatory understanding of some relevant guiding principles.

It is well settled regularly enacted statutes are accorded a strong presumption of constitutionality. See State v. Vick, 205 N.W.2d 727, 729 (Iowa 1973); In re Hen[*217] derson, 199 N.W.2d 111, 121 (Iowa 1972); Brown Enterprises, Inc. v. Fulton, 192 N.W.2d 773, 776 (Iowa 1971).

Then too, where the constitutionality of a statute is merely doubtful, this court will not interfere. See State v. Vick, supra; Brown Enterprises, Inc. v. Fulton, supra; Farrell v. State Board of Regents, 179 N.W.2d 533, 538 (Iowa 1970).

And legislative enactments will not be held unconstitutional unless they are shown to clearly, palpably and without doubt infringe upon constitutional rights. See State v. Vick, supra; State v. Abodeely, 179 N.W.2d 347, 354 (Iowa 1970), app. dism’d, cert. denied, 402 U.S. 936, 91 S.Ct. 1617, 29 L.Ed.2d 104 (1971); Lee Enterprises, Inc. v. Iowa State Tax Com’n, 162 N.W.2d 730, 737 (Iowa 1968).

Finally, a party attacking any statutory enactment must negate every reasonable basis of support for such statute. See State v. Vick, supra; Iron Workers Local No. 67 v. Hart, 191 N.W.2d 758, 773 (Iowa 1971); State v. McNeal, 167 N.W.2d 674, 677 (Iowa 1969).

II. This court is here, for the first time, called upon to determine whether § 725.1 is unconstitutionally vague.

By way of exclusion, since this appeal stems from a judgment sustaining defendant’s demurrer, our review is confined to alleged facial invalidity of § 725.1.

In approaching the vagueness charge here made we initially take note of this general statement in Grayned v. City of Rockford, 408 U.S. 104, 108-109, 92 S.Ct. 2294, 2298-2299, 33 L.Ed.2d 222 (1972):

“It is a basic principle of due process that an enactment is void for vagueness if its prohibitions are not clearly defined. Vague laws offend several important values. First, because we assume that man is free to steer between lawful and unlawful conduct, we insist that laws give the person of ordinary intelligence a reasonable opportunity to know what is prohibited, so that he may act accordingly. Vague laws may trap the innocent by not providing fair warning. Second, if arbitrary and discriminatory enforcement is to be prevented, laws must provide explicit standards for those who apply them. A vague law impermissibly delegates basic policy matters to policemen, judges, and juries for resolution on an ad hoc and subjective basis, with the attendant dangers of arbitrary and discriminatory application.”

See also Wainwright v. Stone, 414 U.S. 21, 94 S.Ct. 190, 192, 38 L.Ed.2d 179 (1973); State v. Wedelstedt, 213 N.W.2d 652, 656 (Iowa 1973); Hendrichs v. Hildreth, 207 N.W.2d 805, 807 (Iowa 1973); State v. Lavin, 204 N.W.2d 844, 848 (Iowa 1973).

On the other hand, terminology of a statute meets the constitutional test if its meaning is fairly ascertainable by reference to similar statutes, prior judicial determinations, reference to the dictionary, or if the questioned words have a common and generally accepted meaning. See Iron Workers Local No. 67 v. Hart, supra; Powers v. McCullough, 258 Iowa 738, 746, 140 N.W.2d 378 (1966); cf. The Code 1973, § 4.1(2).

In that regard, defendant, at least inferentially, asserts legislative use of the terms “lewd”, “indecent” and “obscene”, without further definition, renders the instant statute impermissibly vague.

III. Thus we must, at the outset, determine whether the language of § 725.1 is so facially clear and understandable as to obviate any statutory construction. See State v. Valeu, 257 Iowa 867, 869, 134 N.W.2d 911 (1965).

In this vein it will be noted that although the words “lewdness” and “indecent” have often been defined, the very phrases and synonyms through which meaning is purportedly ascribed serve to obscure rather than clarify those terms. Compare United States v. Hymans, 463 F.[*218] 2d 615, 618 (10th Cir. 1972); Chesebrough v. State, 255 So.2d 675, 678 (Fla.1971); State v. Sullivan, 187 Iowa 385, 387, 174 N.W. 225 (1919); State v. Gardner, 174 Iowa 748, 766, 156 N.W. 747 (1916); State v. Wilson, 124 Iowa 264, 266, 99 N.W. 1060 (1904); Woodruff v. State, 11 Md.App. 202, 273 A.2d 436, 438 (1971); State v. Finrow, 66 Wash.2d 818, 405 P.2d 600, 602 (1965); State v. Nelson, 178 N.W.2d 434, 437 (Iowa 1970), cert. denied, 401 U.S. 923, 91 S.Ct. 864, 27 L.Ed.2d 826 (1971). See also 50 Am.Jur.2d, Lewdness, Indecency, Etc., §§ 1, 2; 42 C.J.S. Indecent p. 559; 53 C.J.S. Lewdness § 1; Black’s Law Dictionary, pp. 909, 1052 (rev. 4th ed. 1968); Webster’s Third New International Dictionary, pp. 1147, 1301 (1961).

Furthermore, in State v. Wedelstedt, supra, this court held lack of specificity of the word “obscene” required us to hold Code § 725.3 unconstitutionally vague.

Since the questioned terms employed in § 725.1, standing alone, are without clear significance statutory construction is mandated.

IV. By the same token State’s argument to the effect the terminology in question is commonly used and has' a generally accepted meaning is without merit.

It may be that at one time words such as are here involved were deemed to have an ordinarily understandable meaning. Cf. State v. Ragona, 232 Iowa 700, 704, 5 N.W.2d 907 (1942).

But common usage thereof has been so generalized as to encompass an infinite variety of behavioral patterns. This in turn has eroded the effective employment of such terms in any statutory enactment, absent an attendant specific definition thereof, as descriptions of proscribed ultimate criminal conduct. Cf. State v. Wedelstedt, supra.

V. Nor are we aided in determining the meaning of § 725.1 by reference to prior judicial construction.

It is asserted by State the construction heretofore accorded the instant statute in State v. Nelson, supra, and State v. Mitchell, 149 Iowa 362, 365-366, 128 N.W. 378 (1910), has effectively cured any vagueness deficiency. See Wainwright v. Stone, supra; Winters v. New York, 333 U.S. 507, 514, 68 S.Ct. 665, 669, 92 L.Ed. 840 (1948); Grove Press, Inc. v. Evans, 306 F.Supp. 1084, 1086 (E.D.Va.1969).

Notably, however, neither Nelson nor Mitchell dealt with facial constitutional construction of § 725.1. On the contrary, in each cited case the issue before us related to applicability of that Code section to specific conduct.

Moreover, our pronouncements in Nelson and Mitchell were neither intended to nor do they serve as limiting constructions such as to overcome defendant’s vagueness assertion.

It therefore follows these decisions cannot be said to supply that clarity which the enactment must have to withstand the challenge here made.

VI. As previously stated, reference to similar statutes is sometimes helpful in determining the meaning of doubtful statutory terminology. See Iron workers Local No. 67 v. Hart, supra; Powers v. McCullough, supra. See also State v. Prybil, 211 N.W.2d 308, 311 (Iowa 1973); Wonder Life Company v. Liddy, 207 N.W.2d 27, 33 (Iowa 1973).

Unfortunately, in this case the somewhat analogous provisions found in chapter 725, many of which may previously have been of some aid, are also devoid of meaningful terminology. In other words, those Code sections employed the same phraseology condemned for vagueness in State v. Wedelstedt, supra, and here brought into question by defendant.

Consequently, any reference to other local statutory enactments serves no useful purpose.

VII. Additionally, in the field of statutory construction reference to logic and reasoning provided by other courts and authorities is often of some aid. See Georgen v. State Tax Commission, 165 N.W.2d 782, 788 (Iowa 1969).

[*219] In this instance, however, the views adopted by courts in other jurisdictions, faced with issues similar to that here presented, are so fractionated as to instantly be of little or no benefit. Compare United States ex rel. Huguley v. Martin, 325 F.Supp. 489, 491-492 (N.D.Ga.1971); Riley v. United States, 298 A.2d 228, 230-231 (D.C.App.1972); Chesebrough v. State, 255 So.2d 675, 678 (Fla.1971); Edwards v. Commonwealth, 500 S.W.2d 396, 398 (Ky.1973); Cherry v. State, 18 Md.App. 252, 306 A.2d 634, 641 (1973); and State v. Borchard, 24 Ohio App.2d 95, 264 N.E.2d 646, 650 (1970), with Miami Health Studios, Inc. v. City of Miami Beach, 353 F.Supp. 593, 597-599 (S.D.Fla.1973); In re Davis, 242 Cal.App.2d 645, 51 Cal.Rptr. 702, 706-717 (1966); District of Columbia v. Norfleet, 12 Crim.L.Rptr. 2212 (D.C.Super.Ct.1972); State v. Reese, 222 So.2d 732, 735 (Fla.1969); and Chapa v. State, 170 Tex.Cr.R. 509, 342 S.W.2d 430, 431 (1961).

VIII. That brings us to the matter of statutory clarification by reference to legislative purpose and history of the Act here involved.

The legislative purpose in enacting § 725.1 is not available. Neither is the history of this statute instantly of any assistance. As best we can determine, only one insignificant change thereto has been made in the past 122 years. Compare The Code 1973, § 725.1 with The Code 1851, § 2709. And that isolated amendment sheds no light on intent of the General Assembly in passing the questioned enactment.

IX. It is to us apparent the statutory terms here challenged by defendant are so indefinite and uncertain that persons of ordinary intelligence are given inadequate notice as to what conduct is thereby prohibited.

Furthermore, under existing circumstances, there is no plausible basis upon which peace officers, judges or juries may reasonably ascertain, with any degree of certainty, guidelines essential to a determination of the legislatively intended application of the statute here in question.

We therefore conclude and now hold § 725.1 is unconstitutionally vague.

X. Finally, as this court aptly observed in State v. Wedelstedt, 213 N.W.2d at 656-657:

“It is not our function to rewrite the statute. Snook v. Herrmann, Iowa, 161 N.W.2d 185, 190. In Consolidated Freightways Corp. v. Nicholas, 258 Iowa 115, 122, 137 N.W.2d 900, 905, we say:
“ ‘If changes in the law are desirable from a policy, administrative, or practical standpoint, it is for the legislature to enact them, not for the court to incorporate them by interpretation.”

XI. In light of the above holding any consideration of other errors asserted by State on this appeal will only serve to needlessly extend this opinion.

Affirmed.