Is a condition of probation valid if it prohibits a defendant from engaging in sexual acts while on probation?

California, United States of America


The following excerpt is from People v. C.G. (In re C.G.), G050572 (Cal. App. 2016):

"A condition of probation will not be held invalid unless it '(1) has no relationship to the crime of which the offender was convicted, (2) relates to conduct which is not in itself criminal, and (3) requires or forbids conduct which is not reasonably related to future criminality . . . .' [Citation.] Conversely, a condition of probation which requires or forbids conduct which is not itself criminal is valid if that conduct is reasonably related to the crime of which the defendant was convicted or to future criminality." (People v. Lent (1975) 15 Cal.3d 481, 486, fn. omitted.)

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