Based on this wording, we held that fourth degree arson was a strict liability crime because the statute, as enacted in 1971, did not require a culpable mental state. See People v. Garcia, 189 Colo. 347, 351, 541 P.2d 687, 690 (1975). In 1977, the General Assembly amended the statute to insert the words "knowingly or recklessly" between the words "who" and "starts or maintains a fire."

The requirement of fundamental fairness embodied in the concept of due process of law forbids prosecution of any individual for conduct which he would not reasonably understand to be proscribed. E.g., People v. Garcia, 189 Colo. 347, 541 P.2d 687 (1975). The vagueness doctrine also seeks to minimize that potential for arbitrary and discriminatory enforcement which inheres in criminal statutes of uncertain prohibitory scope.

The overbreadth analysis is generally employed where legislation addresses constitutionally protected conduct, such as speech or assembly. See People v. Bridges, 620 P.2d 1, 5 (Colo. 1980); People v. Garcia, 189 Colo. 347, 350, 541 P.2d 687, 689 (1975). The doctrines of vagueness and overbreadth frequently overlap, especially in the area of free speech.

The requirement of fundamental fairness embodied in the concept of due process of law forbids prosecution of any individual for conduct which he would not reasonably understand to be proscribed. E.g., People v. Garcia, 189 Colo. 347, 541 P.2d 687 (1975). The vagueness doctrine also seeks to minimize that potential for arbitrary and discriminatory enforcement which inheres in criminal statutes of uncertain prohibitory scope.

Second, we agree with Smith that "[d]isputes concerning the application of a criminal statute to marginal cases can be more meaningfully resolved according to the rules of strict construction of the statutory terms within the context of the specific facts of the case." 638 P.2d at 6 (quoting People v. Garcia, 189 Colo. 347, 350, 541 P.2d 687, 689 (1975) ).

¶36 The State's attempt to analogize 5 Star's lawful, long-term operation of wastewater containment ponds to the situation we dealt with in People v. Garcia misses the mark. 189 Colo. 347, 541 P.2d 687 (1975), superseded by statute, § 18-4-105, C.R.S. (1977), as recognized in Copeland v. People, 2 P.3d 1283, 1285 (Colo. 2000). Indeed, Garcia actually undercuts the State's position.

2 P.3d at 1287. We relied on the wording of the statute and our prior decision in People v. Garcia, 189 Colo. 347, 541 P.2d 687 (1975) in concluding that the legislature intended to hold the arsonist responsible for the fire's result, whether or not he was aware of or intended the consequences. Copeland, 2 P.3d at 1287.

A statute is facially unconstitutional only if no conceivable set of circumstances exists under which it may be applied in a constitutionally permissible manner. Reno v. Flores, 507 U.S. ___, ___, 123 L.Ed.2d 1, 16 (1993); United States v. Salerno, 481 U.S. 739, 745 (1987); Schall v. Martin, 467 U.S. 253, 268 n. 18 (1984); see People v. Garcia, 189 Colo. 347, 350, 541 P.2d 687, 689 (1975). The presumption statute permits the release on bail of juveniles who overcome the evidentiary presumption contained therein.

Moreover, the strictness of the vagueness test depends on whether the challenged law threatens to inhibit the exercise of constitutionally protected rights. Id. at 1366-67; People v. Garcia, 189 Colo. 347, 349, 541 P.2d 687, 688-89 (1975). When such constitutionally protected behavior may be inhibited, a greater degree of specificity is required than when a law does not implicate constitutionally protected liberties.

We will not act as a super legislature and strike down a statute or a regulation merely because it could have been better written. See, e.g., People v. Garcia, 189 Colo. 347, 541 P.2d 687 (Colo. 1975).Conclusion