Can a probation condition prohibit a defendant from associating with any member of a criminal street gang?

California, United States of America


The following excerpt is from In re J.R., G039884 (Cal. App. 2/27/2009), G039884. (Cal. App. 2009):

A similar issue was presented in People v. Lopez (1998) 66 Cal.App.4th 615, in which the court modified a probation condition prohibiting Lopez from associating with any member of a gang. Noting that the term "gang" has both sinister and benign connotations, the court incorporated into the condition the definition of a criminal street gang set forth in Penal Code section 186.22. The court stated, "By so amending the condition, any due process concerns about it will be eliminated and Lopez will be unambiguously notified of the standard of conduct required of him." (People v. Lopez, supra, 66 Cal.App.4th at p. 634; see also Lanzetta v. New Jersey (1939) 306 U.S. 451 [striking down a statute which criminalized membership in a gang as being violative of due process].)

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