California, United States of America
The following excerpt is from People v. Roberts, H040091 (Cal. App. 2015):
In People v. Kim (2011) 193 Cal.App.4th 836, a probation condition provided: "You shall not own, possess, have within your custody or control any firearm or ammunition for the rest of your life under Section[s] 12021 and 12316 [, subdivision] (b)(1) of the Penal Code." (Id. at p. 840.) As this court explained, "where a probation condition implements statutory provisions that apply to the probationer independent of the condition and does not infringe on a constitutional right, it is not necessary to include in the condition an express scienter requirement that is necessarily implied in the statute." (Id. at p. 843.) We concluded that the statutorily proscribed conduct was "coextensive with that prohibited by a probation condition specifically implementing those statutes" and "[a]s the statutes include an implicit knowledge requirement, the probation condition need not be modified to add an explicit knowledge requirement." (Id. at p. 847.)
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