Is a condition of probation valid if it has no relation to the crime of which the offender was convicted?

California, United States of America


The following excerpt is from The PEOPLE v. LEVITT, H034688, No. CC817716 (Cal. App. 2010):

"Generally, '[a] condition of probation will not be held invalid unless 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...." [Citation.]' [Citation.]" (People v. Olguin (2008) 45 Cal.4th 375, 379 (Olguin).) Consequently, "even if a condition of probation has no relationship to the crime of which a defendant was convicted and involves conduct that is not itself criminal, the condition is valid as long [as] the condition is reasonably related to preventing future criminality. [Citation.]" (Id. at p. 380.)

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