On June 1, 2010, a statute went into effect making it a crime to smoke in public. On June 2, 2010, Nick is arrested and charged for smoking in public on May 10, 2010. Nick's best defense to the charge is that the state cannot make smoking a crime because so many people smoke. that it is unconstitutional for a statute to punish Nick for an act not prohibited by a criminal statute when it occurred. that the law is so vague that it violates due process because the average person does not know what it means to "smoke". that no act can be criminalized unless it is considered to be immoral by society