Does a probation condition prohibit association with gang members and wearing of gang related clothing?

California, United States of America


The following excerpt is from People v. Marlon R. (In re Marlon R.), F065757 (Cal. App. 2013):

In People v. Lopez (1998) 66 Cal.App.4th 615, this court found the language contained in a probation condition prohibiting association with gang members and wearing of gang related clothing to "suffer[] from constitutionally fatal overbreadth" because it prohibited the defendant from associating with persons not known to him to be gang members and from displaying indicia not known to him to be gang related. (Id. at p. 628.) We modified the condition to include a knowledge requirement such that it applied "only to displays of symbols known by Lopez to have a gang connotation." (Id. at p. 629.)

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