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Substantive law

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omertadude

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania

Is the statute of limitations an element of an offense in Pennsylvania?
If the statue of limitations were vague would that constitute a void for vagueness due process issue that does not give proper warning for what conduct is prohibited?
The statue of limitations can be extended up to ten years for an offense that is committed by a "public employee or public official." However, there is no definition of a "public employee or public official" in the statute that lists criminal offenses and their statute of limitations.
 


BOR

Senior Member
The Statutory Construction Title has a list of definitions in general but niether are listed. The Rules of Construction dictate when there is no definition, the common useage applies, so a public official would mean an elected government position, at minimum, and a public employee, one who is hired by a public official etc.


1 Pa.C.S.A. § 1903
§ 1903. Words and phrases

Title 1 Pa.C.S.A. General Provisions

Part V. Statutory Construction

Chapter 19. Rules of Construction

Subchapter A. Construction of Words and Phrases (Refs & Annos)

§ 1903. Words and phrases

(a) Words and phrases shall be construed according to rules of grammar and according to their common and approved usage; but technical words and phrases and such others as have acquired a peculiar and appropriate meaning or are defined in this part, shall be construed according to such peculiar and appropriate meaning or definition.


(b) General words shall be construed to take their meanings and be restricted by preceding particular words.


No doubt the phrases, if not statutorily defined, are in the case law. Pay a visit to a law library. If there is a College/University near you, you can use the law school law library.

They have digests called "Words and Phrases", see if they are in there.
 

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