19 Cal. App. 5th 997
Cal. Ct. App. 5th2018Background
- Charley (juvenile) was adjudged a ward after multiple prior probation violations; in January 2017 he was charged in a supplemental WIC § 602 petition including misdemeanor sexual battery for touching a female classmate's breast.
- At the jurisdictional hearing the juvenile court found Charley committed misdemeanor sexual battery (Pen. Code § 243.4(e)), simple battery (thigh touching), and a probation violation; several other counts were dismissed.
- At disposition Charley was continued as a ward, given custody credit, and placed on probation with various conditions; two challenged conditions are at issue on appeal.
- Charley appeals, arguing (1) insufficient evidence of requisite intent for sexual battery, and (2) that two probation conditions are unconstitutional: (a) a ban on owning/possessing depictions of "partial or complete nudity," and (b) a warrantless-search condition for electronic devices.
- The court rejected the sufficiency challenge and deemed the electronics-search challenge forfeited; but it held the probation condition broadly banning depictions of nudity is unconstitutionally overbroad and ordered that language struck.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for misdemeanor sexual battery (intent) | Charley: touching lacked requisite sexual intent; evidence insufficient | People: evidence supports finding of sexual battery | Court: substantial evidence supports conviction (unpublished portion affirmed) |
| Probation condition banning depictions of "partial or complete nudity" (First Amendment overbreadth) | Charley: condition is unconstitutionally overbroad; prohibits benign/educational/artistic nudity | People: read narrowly as limited to "sexually arousing" materials; not overbroad | Court: language is overbroad as written; struck the nudity phrase from condition 20 |
| Probation condition authorizing warrantless searches of electronic devices | Charley: challenges constitutionality of warrantless searches | People: (procedural) argued challenge not preserved | Court: challenge to electronics-search condition forfeited (unpublished) |
Key Cases Cited
- In re Sheena K., 40 Cal.4th 875 (2007) (probation conditions that limit constitutional rights must be closely tailored)
- In re Victor L., 182 Cal.App.4th 902 (2010) (minors' probation conditions give courts broader discretion but rights remain protected)
- People v. Turner, 155 Cal.App.4th 1432 (2007) (upheld probation restrictions on sexually stimulating/oriented material in context)
- United States v. Simons, 614 F.3d 475 (8th Cir.) (2010) (struck broad ban on possession of nudity depictions as overbroad)
- United States v. Siegel, 753 F.3d 705 (7th Cir.) (2014) (narrowed view of permissible probation conditions banning nudity depictions)
- United States v. Kelly, 625 F.3d 516 (8th Cir.) (2010) (limitations on possession of nudity depictions found problematic)
- Erznoznik v. City of Jacksonville, 422 U.S. 205 (1975) (examples of constitutionally protected benign depictions of nudity)