Does a probation condition that prohibits possession of certain items that are already subject to restriction need to be made explicit?

California, United States of America


The following excerpt is from People v. Johnson, F065152 (Cal. App. 2014):

Case law has drawn a distinction with respect to probation conditions reinforcing penal statutes that forbid possession of certain items that are already subject to restriction. For example, penal statutes prohibiting possession of firearms, ammunition and deadly weapons contain implicit knowledge elements. Probation conditions reinforcing these statutes by prohibiting possession of weapons "contains those implicit scienter requirements, and due process does not require making them explicit." (Rodriguez, supra, 222 Cal.App.4th at p. 591; see also People v. Kim (2011) 193 Cal.App.4th 836,

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