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

California, United States of America


The following excerpt is from People v. Schaeffer, 145 Cal.Rptr.3d 29, 208 Cal.App.4th 1 (Cal. App. 2012):

"Trial courts have broad discretion to set conditions of probation in order to foster rehabilitation and to protect public safety pursuant to Penal Code section 1203.1. [Citations.] ... [] However, the trial court's discretion in setting the conditions of probation is not unbounded." (People v. Lopez (1998) 66 Cal.App.4th 615, 624, 78 Cal.Rptr.2d 66.) 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.)

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