Can a registered sex offender be prevented from leaving the area where she lives?

California, United States of America


The following excerpt is from People v. Young, A147929 (Cal. App. 2018):

destinations that she frequently took her children and restaurants she patronized, as well as the Greyhound station, preventing her from traveling. (White, supra, 97 Cal.App.3d at pp. 144-147.) The travel restriction in White was held to be unconstitutionally overbroad because of its scope: It captured (and thus burdened) far more legitimate, legal activity than potential illegal (prostitution) activity. (Ibid.; see People v. Smith (2007) 152 Cal.App.4th 1245, 1249-1252 (Smith) [blanket prohibition on registered sex offenders leaving the county for any purpose].) If the travel restriction were modified to include specific limitations (such as time of day, purpose of presence in the area), the condition could achieve the same rehabilitative purposes while reducing the burden on the defendant's right to travel. (White, at pp. 150-151.)

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