What is the test for a probation order requiring an offender to engage in sexual acts while on probation?

California, United States of America


The following excerpt is from Court Of Appeal Of The State Of Cal. v. Rudolph, A127267, No. FCR268038 (Cal. App. 2010):

The court's discretion, however, is not unlimited. A probation condition is unreasonable if 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[.]" (People v. Dominguez (1967) 256 Cal.App.2d 623, 627.) But," '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.' [Citation.]" (People v. Phillips (1985) 168 Cal.App.3d 642, 646.)" 'As with any exercise of discretion, the sentencing court violates this standard when its determination is arbitrary or capricious or " 'exceeds the bounds of reason, all of the circumstances being considered.' " ' [Citation.]" (People v. Garcia (1993) 19 Cal.App.4th 97, 101.)

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