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


The following excerpt is from In re Adrian G., D052516 (Cal. App. 2/26/2009), D052516. (Cal. App. 2009):

The discretion granted to the courts to impose probation conditions is not unlimited. "A condition of probation which (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 does not serve the statutory ends of probation and is invalid." (People v. Dominguez (1967) 256 Cal.App.2d 623, 627.) "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.)

Other Questions


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)
Is a condition of probation valid if it prohibits a defendant from engaging in sexual acts while on probation? (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)
When a probation officer reports that a defendant has committed a criminal offence under a probation search warrant, does the probation officer have the authority to order an electronic search? (California, United States of America)
Is a person who actively participates in any criminal street gang with knowledge that its members engage in or have engaged in criminal gang activity a criminal offence? (California, United States of America)
Is a probation condition that prohibits non-criminal conduct valid? (California, United States of America)
Is a condition of probation that requires or forbids conduct that is not related to crime of which defendant is on probation valid? (California, United States of America)
Does Section 186.22, subdivision of the Criminal Code, make it a felony for actively participate in a criminal street gang with knowledge that its members engage in or have engaged in a pattern of criminal gang activity? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
Does a probation officer have an obligation to judiciously enforce a probation condition that prohibits a defendant from attending a court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.