Can a probationer who has been convicted of a crime while on probation be bound by a condition that prohibits the probationer from having sex with his or her spouse or other relatives?

California, United States of America


The following excerpt is from People v. Samarakone, G055406 (Cal. App. 2019):

public safety pursuant to Penal Code section 1203.1.' [Citations.] If it serves these dual purposes, the condition may impinge upon a constitutional right otherwise enjoyed by the probationer, who is 'not entitled to the same degree of constitutional protection as other citizens.' [Citation.]" (People v. Lopez (1998) 66 Cal.App.4th 615, 624.) Thus, "[c]onditions of probation prohibiting an individual from associating with other persons including spouses and close relatives, who have been involved in criminal activity have generally been upheld when reasonably related to rehabilitation or reducing future criminality." (People v. Wardlow (1991) 227 Cal.App.3d 360, 367.)

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