California, United States of America
The following excerpt is from People v. Bryce C. (In re Bryce C.), A139886 (Cal. App. 2014):
2. That being said, we note the Third District recently "g[a]ve notice of [its] intent to henceforth no longer entertain" the issue of whether modification of a probation condition to include a knowledge requirement was necessary, because "a probationer cannot be punished for presence, possession, association, or other actions absent proof of scienter." It declared that it would "construe every probation condition proscribing a probationer's presence, possession, association, or similar action to require the action be undertaken knowingly. It will no longer be necessary to seek a modification of a probation order that fails to expressly include such a scienter requirement." (People v. Patel (2011) 196 Cal.App.4th 956, 960-961.)
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