Can a probation condition prohibit only criminal possession of a deadly or dangerous weapon?
California, United States of America
The following excerpt is from People v. Box, H040213 (Cal. App. 2014):
The People have not shown that the trial court intended to prohibit only criminal possession of a deadly or dangerous weapon and, thereby, implicitly incorporated the knowledge element of a specific crime. We emphasize that a probation condition may regulate or prohibit otherwise lawful conduct (see People v. Olguin (2008) 45 Cal.4th 375, 379-380), in which case the mental states required by a criminal statute are not impliedly incorporated into the condition.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a probation condition prohibit a defendant from knowingly being in any building or vehicle where there is a dangerous or deadly weapon or near anyone who possesses such a weapon? (California, United States of America)
Is a probation condition of probation valid if it prohibits a defendant from engaging in sexual acts while on probation that is not in itself criminal? (California, United States of America)
Can a probation condition prohibiting possession of firearms or ammunition be changed to prohibit possession of a firearm without a knowledge requirement? (California, United States of America)
Is a probation condition that prohibits the possession of instruments to implement graffiti or does not give adequate notice about what is prohibited? (California, United States of America)
Is a probation condition that prohibits the use or possession of illegal drugs "not reasonably related to future criminality"? (California, United States of America)
How have courts interpreted the term "weapon" in the context of a possession of a deadly and dangerous weapon? (California, United States of America)
Is a challenged probation condition that prohibits a defendant from breaching the terms and conditions of probation unconstitutional? (California, United States of America)
Can a defendant be punished for both illegal possession of a weapon and assault with a deadly weapon under section 654 of the California Criminal Code? (California, United States of America)
Is a convicted felon convicted of assault with a deadly weapon and felon in possession of a firearm prohibited from possessing a firearm? (California, United States of America)
Is a condition of probation that prohibits a defendant from engaging in sexual acts with a minor criminal while on probation valid? (California, United States of America)
