Is a probation condition that prohibits conduct which is not itself criminal an abuse of discretion?
California, United States of America
The following excerpt is from The People v. Lopez, No. E048629, No. FWV900285 (Cal. App. 2010):
A probation "condition that 'forbids conduct which is not itself criminal' must be 'reasonably related to the crime of which the defendant was convicted or to future criminality.' [Citation.]" (People v. Perez (2009) 176 Cal.App.4th 380, 383.) We review the trial court's decision to impose a particular probation condition for an abuse of discretion. (People v. Lopez (1998) 66 Cal.App.4th 615, 624 (Lopez))
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