Is a probation term invalid if it requires or prohibits conduct which is not itself criminal?

California, United States of America


The following excerpt is from People v. Lopez, 66 Cal.App.4th 615, 78 Cal.Rptr.2d 66 (Cal. App. 1998):

However, the trial court's discretion in setting the conditions of probation is not unbounded. A term of probation is invalid 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. Lent (1975) 15 Cal.3d 481, 486, 124 Cal.Rptr. 905, 541 P.2d 545.) 4 Conversely, "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." (Ibid.)

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