Is a probation condition that prohibits non-criminal conduct valid?

California, United States of America


The following excerpt is from People v. Pimentel, F067659 (Cal. App. 2015):

Even if we were to consider her claim, it is without merit. Pimentel correctly asserts that a probation condition that requires or forbids conduct which is not itself criminal is valid only if the conduct is reasonably related to the crime of which the defendant was convicted or to future criminality. (See Welch, supra, 5 Cal.4th at pp. 233-234.) But she does not identify any probation condition that regulates noncriminal conduct. Her probation terms and conditions do not, for example, require that she avoid alcohol. (Cf. People v. Kiddoo (1990) 225 Cal.App.3d 922, 927-928 [where alcohol was not related to crime, probation condition that the defendant not possess or consume alcoholic beverages was invalid], disapproved on other grounds in Welch, supra, at p. 237.)

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