*524Defendant Mark C. was the subject of a wardship petition filed by the district attorney pursuant to Welfare and Institutions Code section 602, subdivision (a),
Mark requested informal supervision under section 654.2, although his offense made him presumptively ineligible under section 654.3. The juvenile court denied Mark's request after a hearing.
At a subsequent hearing, Mark admitted the allegations in the petition and the juvenile court imposed conditions of probation, *869including a requirement that he submit to warrantless searches of his "electronics including passwords" (electronics search condition).
On appeal, Mark raises three issues: the juvenile court erred in not placing him under informal supervision; the juvenile court erred in imposing the *525electronics search condition; and several of the other probation conditions imposed by the juvenile court, including conditions that prohibit him from possessing weapons and narcotics, are unconstitutionally vague and overbroad and "lack proof of scienter," and must therefore be modified.
We conclude that the juvenile court abused its discretion in imposing the electronics search condition, and we modify the probation condition to strike the language at issue. In all other respects, we affirm the juvenile court's dispositional order.
FACTUAL AND PROCEDURAL BACKGROUND
We draw our brief statement of the facts from reports prepared by the police and the Alameda County Probation Department. On the afternoon of November 17, 2014, defendant Mark C., then 14 years old, was being escorted to the office of his high school's assistant principal in connection with a fight that had taken place during the lunch period. When a campus supervisor reported that she saw a suspicious bulge near Mark's waistband, a police officer pat searched him and retrieved a folding pocket knife with a blade two and three-fourths inches long. A search of Mark's backpack revealed a canister of pepper spray, which is considered contraband at the school. Mark told the police that he carried the items for self defense, and that some people disliked and provoked him.
Mark was arrested, and in February 2015 the district attorney filed a wardship petition pursuant to section 602, subdivision (a), alleging that Mark possessed a knife with a blade longer than two and one-half inches on school grounds, in violation of Penal Code section 626.10.
At Mark's request, the matter was referred to the probation department for consideration of informal supervision pursuant to section 654.2. At a hearing in March, the juvenile court received the probation department's report, which concluded that Mark was suitable for informal supervision, even though his alleged violation of Penal Code section 626.10 made him presumptively ineligible under section 654.3. Mark argued that informal supervision was appropriate because he had "the benefit of a stable family home, with both his mother and stepfather being very supporting of him and fully willing to cooperate with probation services"; and because there had already been intervention and he had "made a turnaround." Mark also argued that he was doing better in school, although his grades from the most recent semester were poor. The juvenile court found that the case was not suitable for informal supervision, stating that "bringing a knife and pepper spray to school is a very, very serious offense or are serious offenses.... [W]e're going to need a standard probation for the situation, ... not a 654.2 given the seriousness of the weapons he brought to school."
*526At a subsequent hearing in April, Mark admitted the allegations in the petition and was adjudged a ward of the juvenile court. The juvenile court committed Mark to the care, custody and control of the probation department, ordered him to live with his mother, and imposed terms of probation,
Mark objected to the search condition at the time it was imposed, but did not object to the other conditions. This appeal timely followed.
DISCUSSION
We first address Mark's challenge to the juvenile court's denial of his request for informal supervision, and then turn to his challenges to the probation conditions.
A. The Juvenile Court's Denial of Mark's Request for Informal Supervision
1. Applicable Law
Section 654.2, subdivision (a), provides that "[i]f a petition has been filed by the prosecuting attorney to declare a minor a ward of the court under Section 602, the court may, without adjudging the minor a ward of the court and with the consent of the minor and the minor's parents or guardian, continue any hearing on a petition for six months and order the minor to participate in a program of supervision as set forth in Section 654." Such a program of supervision is commonly known as "informal probation" or *527"informal supervision." The statutory scheme specifically excludes from eligibility a minor who is alleged to have violated section 626.10 of the Penal Code, as Mark was alleged to have done, "except in an unusual case where the interests of justice would best be served and the court specifies on the record the reasons for its decision." (§ 654.3, subd. (c).) The juvenile court must make its own determination of a minor's suitability for informal supervision, independent of the probation officer, and must consider all relevant evidence in making that determination. (In re Armondo A. (1992)
We review the juvenile court's order denying informal supervision for abuse of discretion. (Armondo A., supra, 3 Cal.App.4th at pp. 1189-1190,
*8712. Analysis
Because Mark was alleged to have violated Penal Code section 626.10, he is "presumptively ineligible" for informal supervision under section 654.3. (See Kody P. v. Superior Court (2006)
Mark, however, does not attempt to characterize his case as unusual in any respect, but rather contends that the trial court erred in denying informal supervision for other reasons: there was no reason to doubt his claim that the items were carried for self-defense; the informal supervision program is sufficient to monitor his behavior and allow the standard probation conditions to be applied; he had already begun improving his behavior at home and performance at school; it was "unreasonable" to "brand" him "as a delinquent" for his first contact with the juvenile justice system; and a criminal record could harm him "in the longer term." Mark cites no evidence or authority to support a finding that his case is unusual on any of those grounds, and he points to nothing in the record that suggests the juvenile court abused its discretion in reaching its conclusion.
The record reflects that the juvenile court read and considered the probation department's report, and heard and considered arguments of counsel. (See Armondo A., supra, 3 Cal.App.4th at p. 1191,
Noting a lack of published authority on what constitutes an abuse of discretion in denying informal supervision, Mark urges us to look to the law that governs the denial of deferred entry of judgment, pursuant to section 790. A juvenile court can deny deferred entry of judgment to an eligible minor who wants to participate *872"only when the trial court finds ' "the minor would not benefit from education, treatment and rehabilitation." ' " (In re Joshua S. (2011)
The analogy is inapt. We recognize that deferred entry of judgment, like informal supervision, is an alternative rehabilitative option that is available to the juvenile court. (In re C.Z. (2013)
*529We conclude that the juvenile court did not abuse its discretion in denying Mark's request for informal supervision under section 654.2.
B. Probation Conditions Imposed by the Juvenile Court
1. Electronics Search Condition
When the juvenile court imposed a search condition that covered "electronics including passwords," Mark's counsel objected.
Mark contends that the electronics search condition is invalid under People v. Lent (1975)
a. Applicable Law
Section 730, subdivision (b) authorizes the juvenile court to "impose and require any and all reasonable conditions that it may determine fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced."
We review the juvenile court's probation conditions for abuse of discretion. (In re P.A. (2012)
"[W]hile the juvenile court may impose a wider range of probation conditions [than are permitted for adults], those conditions are permissible only if ' " 'tailored specifically to meet the needs of the juvenile.' " ' " (In re D.G. (2010)
As we explained in Erica R., the juvenile court's discretion in imposing conditions of probation is broad but not unlimited. (Erica R., supra,
*531b. Analysis
The Lent "test is conjunctive-all three prongs must be satisfied before a reviewing court will invalidate a probation term." (People v. Olguin (2008)
We first address the relationship between the electronics search condition and Mark's offense. Mark argues that the condition has no connection to his underlying offense, possession of a knife on school grounds. The Attorney General argues that the condition is related to the underlying offense, noting that Mark has asserted a "need for self-defense and his belief that people are looking for him and provoke him." The Attorney General contends that the electronics search condition "allows officers to monitor his associations and his possession of deadly or dangerous weapons."
The Attorney General cites People v. Ebertowski (2014)
Because there is no evidence that Mark used electronic devices or social media to facilitate his offense, and no evidence of any connection between Mark's use of electronic devices and any illegal activity, we find no relationship between the electronics search condition and the underlying offense of possessing a prohibited knife on school grounds.
*532The second inquiry under Lent is quickly addressed. The electronics search condition relates to Mark's use of electronic devices; using such devices is not in itself criminal, nor is using password-protected services such as social media.
With the first two questions answered "no," the first two prongs of the Lent test are satisfied, and we must therefore consider whether the electronics *875search condition as imposed on Mark is reasonably related to future criminality. (Lent, supra, 15 Cal.3d at p. 486,
Mark argues that the condition is not reasonably related to future criminal activity, noting that the condition does not rest on any evidence concerning Mark or minors in general, but rather rests entirely on the juvenile court's assertion that it has found "minors on a regular basis will buy or sell drugs using the Internet and post photos and texts of themselves and information about their use of drugs and possession of paraphernalia." The Attorney General counters that the condition reasonably relates to future criminality because "[i]t aids in deterring further offenses and in monitoring compliance with the other terms of probation, including the drug condition as the court stated." For this argument, the Attorney General relies on Balestra and Olguin, but the cases are distinguishable.
In Balestra, the defendant pleaded guilty to a count of elder abuse and then challenged the condition of her probation that required her to submit to warrantless searches. (Balestra, supra, 76 Cal.App.4th at pp. 62, 66-68,
*533In Olguin, our Supreme Court upheld a probation condition that required the probationer to keep his probation officer informed of the presence of any pets at his place of residence. (Olguin, supra, 45 Cal.4th at p. 387,
*876The probation condition in Olguin did not extend the scope of the warrantless search of the probationer's residence, rather it facilitated the search of the residence by mitigating the potential of any pet residing with the probationer "to distract, impede, and endanger probation officers in the exercise of their supervisory duties." (Olguin, supra, 45 Cal.4th at p. 378,
The juvenile court here stated that the purpose of the electronics search condition was to supervise Mark's compliance with prohibitions against buying, selling, and using illegal drugs. The Attorney General contends that access to Mark's electronics and password-protected information would make it easier for the probation officer to determine whether Mark is complying with other terms of his probation as well.
We do not read Olguin to hold that every condition that might enable a probation officer to supervise his or her minor charges more effectively is necessarily "reasonably related to future criminality." (Olguin, supra, 45 Cal.4th at p. 381,
*534In a recent case, Division Three of this court reached the same conclusion with regard to Olguin . In J.B., a minor admitted an allegation of petty theft, and the juvenile court imposed an electronics search condition under a justification similar to the one at issue here. (J.B., supra, 242 Cal.App.4th at p. 752,
*877Moreover, both Olguin and Balestra involved adult probationers. Both opinions stated explicitly that probation is a privilege, not a right (Olguin, supra, 45 Cal.4th at p. 384,
*535In Erica R., the underlying offense was misdemeanor possession of ecstasy, which was found in a purse that the minor left behind in a school counselor's office; nothing in the record connected the minor's use of electronic devices or social media to illegal drugs. (Erica R., supra, 240 Cal.App.4th at p. 909-910, 913,
Similarly, the record here does not support a conclusion that the electronics search condition is reasonably related to future criminal activity by Mark. There is nothing in the record about Mark's offense or his social history that connects Mark's use of electronics to illegal drugs. With respect to electronics and drugs, the record shows only that over the course of four months Mark was disciplined at school five times for using a cell phone in class and that Mark admitted to using marijuana twice a month. Because nothing in Mark's offense or personal history shows a connection between his use of electronic devices or social media and any criminal activity, there is no reason to believe that the electronics search condition will serve the rehabilitative function of preventing Mark from committing future criminal *878acts. (Erica R., supra, 240 Cal.App.4th at p. 913,
Accordingly, we conclude that the electronics search condition here is invalid under Lent, and therefore we will strike the language "electronics including passwords" from the search condition imposed by the juvenile court. Because we hold that the condition is invalid under Lent, we do not reach Mark's constitutional and statutory arguments.
2. Objections to Other Probation Conditions
Mark contends that the conditions imposed by the juvenile court that concern weapons possession, the possession or use of drugs, presence on school grounds, maintaining a curfew, association with possessors or users of drugs, obedience to his parents and the possession or use of alcoholic beverages are unconstitutionally vague and overbroad, in part because they *536fail to require "scienter." If a vague or overbroad probation condition can be modified "without reference to the particular sentencing record developed in the trial court" (In re Sheena K. (2007)
Mark did not object to any of these probation conditions at the time the juvenile court imposed them. Though his arguments are made for the first time on appeal, we address the merits because the arguments "present pure questions of law based solely on facial constitutional grounds and do not require a review of the sentencing record, and are easily remediable on appeal." (Victor L., supra, 182 Cal.App.4th at p. 907,
a. Applicable Law
Sheena K. sets forth the fundamental legal principles that we apply here: "A probation condition that imposes limitations on a person's constitutional rights must closely tailor those limitations to the purpose of the condition to avoid being invalidated as unconstitutionally overbroad." (Sheena K., supra, 40 Cal.4th at p. 890,
"The essential question in an overbreadth challenge is the closeness of the fit between the legitimate purpose of the restriction and the burden it imposes on the defendant's constitutional rights-bearing in mind, of course, that perfection in such matters is impossible, and that practical necessity will justify some infringement." (In re E.O. (2010)
Our colleagues in Division One have examined the distinction between knowing what you are supposed to avoid, which is pertinent to vagueness, and the mens rea of willfulness, which is required for a probation violation. (People v. Gaines (2015)
We turn now to the conditions that Mark challenges here.
b. Analysis
i. Weapons Possession
The juvenile court imposed the following weapons condition: "You are not to possess, own, or handle any firearm, knife, weapon, fireworks, explosives or chemicals that can produce explosives, including matches and lighters ... [p]epper spray or any other deadly or dangerous weapon."
Mark contends that the condition does not adequately describe the terms "weapon" and "any other deadly or dangerous weapon"; that as written the condition would prohibit Mark from using normal household items, such as kitchen knives or ammonia (because it can be used to produce explosives); and that the provision lacks any requirement of knowledge or intent, with the result that Mark would violate his probation if he inadvertently carried a bag containing a cigarette lighter for his mother. Mark's proposal to remedy the condition's deficiencies reveals the extent to which questions of knowledge *538and mens rea underlie his objections: "You are not to knowingly possess any object that you know is a dangerous, illegal or deadly weapon. You are not to knowingly possess any other object that you know can be used to cause bodily injury or death, including but not limited to firearms, knives, fireworks, explosives, chemicals that can produce explosives, pepper spray, matches or lighters, where you intend to cause such harm." (Emphasis added.)
Mark argues that his modification is aligned with the approach taken by our colleagues in Division Four in In re Kevin F. (2015)
The Attorney General argues that the weapons condition imposed by the juvenile court here is not unconstitutionally vague or overbroad because the specification of "any other deadly or dangerous weapon"-language that was not included in the Kevin F. condition-provides notice that Mark "must not possess any inherently dangerous item that is designed for use as a weapon, or any item being used in a way that renders it capable of inflicting great bodily injury or death." She cites In re R.P. (2009)
The Attorney General also argues that because the category here provides adequate notice, there is no need for us to insert an express mens rea requirement.
*539We note that the weapons condition as stated by the juvenile court here includes the phrase "deadly or dangerous weapon," logically equivalent to the phrase " 'dangerous or deadly weapon' " discussed in R.P. (R.P., supra, 176 Cal.App.4th at pp. 567-568,
Accordingly, we decline to modify the weapons condition imposed by the juvenile court.
ii. Possession or Use of Drugs
The juvenile court imposed a drug condition, which requires that Mark not "use or possess narcotics, drugs, other controlled substances, related paraphernalia or poisons unless prescribed by a physician." The term "controlled substances" is defined by statute. (See Health & Saf. Code, §§ 11053 -11058.)
Mark contends that because the condition includes the term "drugs" it is vague and overbroad. He claims the prohibition "could include perfectly legal items that are available at every pharmacy without prescription," and that as written, it precludes him from being given aspirin by his mother or a school nurse. He also contends that a knowledge requirement must be added, and would have us modify the condition to read as follows: "Do not knowingly use or possess narcotics, prescription drugs, other controlled substances, *540related paraphernalia or poisons unless prescribed by a physician. Do not use any non-prescription drugs without the approval of your legal guardian." (Emphasis omitted.) The Attorney General contends that there are no constitutional deficiencies in the prohibition as stated by the juvenile court. Neither party cites any authority as specifically addressing the vagueness of probation conditions that prohibit the possession of drugs.
Gaines is instructive here. There, the court considered a challenge to a probation condition that prohibited the defendant from possessing or using " 'narcotics, dangerous drugs, or narcotic paraphernalia,' " where defendant argued that the term " 'dangerous drugs' " was unconstitutionally vague and overbroad and should be replaced with the term " 'controlled substances.' " (Gaines, supra, 242 Cal.App.4th at pp. 1040-1041,
Noting the similarity between the language approved in Gaines and the language used by the juvenile court here, we conclude that the condition is constitutional as stated. The phrase "other controlled substances" makes it clear that the prohibited "drugs" are limited to drugs that are controlled substances, and therefore the category is sufficiently clear that there is no need to specify a knowledge requirement.
iii. Knowledge Requirements for Other Conditions
Without providing us any specific argument or authority, Mark contends that five other probation conditions should be modified. He contends that the school presence condition should be modified to state that he must not knowingly be on school grounds; the curfew to state that he not knowingly violate the curfew set by his parent or guardian; the association condition to state that he not knowingly associate with anyone he knows to use, deal or possess illegal drugs; the obedience condition to state that he not knowingly disobey his parent or guardian; and the alcohol condition to state that he must not knowingly use or possess alcoholic beverages.
In the absence of evidence, argument or authority to suggest that a reasonable probationer *882could be confused as to the requirements set out in these conditions as imposed by the juvenile court, we decline to modify them to include express mens rea requirements. (See Gaines, supra, 242 Cal.App.4th at p. 1040,
The probation conditions ordered by the juvenile court are modified to strike the phrase "electronics including passwords." In all other respects, the juvenile court's dispositional order is affirmed.
We concur:
Kline, P.J.
Richman, J.
All further statutory references are to the Welfare and Institutions Code unless otherwise specified.
The juvenile court pronounced the probation conditions at the April hearing, and subsequently listed them in a signed minute order. The wording of the minute order varies slightly from that of the reporter's transcript. The parties' briefs focus on the conditions as stated in the minute order, except with respect to the weapons condition, and we follow suit.
The probation report submitted to the juvenile court indicated that Mark had a record of disciplinary issues at school, had been arrested for vehicle theft earlier in the year and was currently participating in a restorative justice program, and had been cited for stealing a sports jersey at the mall the day before he was arrested for bringing a weapon to school.
Mark objected to all the search conditions at the time of imposition, but on appeal he challenges only the electronics search condition. The search condition states in its entirety: "Submit person and any vehicle, room or property, electronics including passwords under your control to search by Probation Officer or peace office[r] with or without a search warrant at any time of day or night."
Mark points out, and the Attorney General concedes, that the juvenile court apparently misspoke. The probation department's report states, "Mark first experimented with marijuana at age 14 and stated he rarely used it; two times a month."
In this respect, Mark's case differs from In re Malik J. (2015)
We are aware that courts in other divisions have taken a different view of Olguin and Lent, but we respectfully disagree. Our colleagues in Division One and Division Five have upheld as valid under Lent electronics search conditions similar to the one at issue here, and imposed on defendants by the same juvenile court. (In re Alejandro R. (2015)
The same juvenile court heard Erica R., J.B. and this case, and justified the electronics search conditions using almost identical language in each case. In Erica R. , "[t]he juvenile court justified the electronic search condition solely by reference to its experience that 'many juveniles, many minors, who are involved in drugs tend to post information about themselves and drug usage.' " (Erica R., supra, 240 Cal.App.4th at p. 913,
The original condition in Kevin F. was, " '[You are not to] possess weapons of any kind, which means no guns, knives, clubs, brass knuckles, attack dogs, ammunition, or something that looks like a weapon. You are not to possess anything that you could use as a weapon or someone else might consider to be a weapon.' " (Kevin F., supra, 239 Cal.App.4th at p. 357,
Our Supreme Court is currently considering two cases that raise the question whether certain probation conditions must state explicit knowledge requirements. One case concerns knowledge requirements in probation conditions that prohibit the possession of firearms and illegal drugs. (People v. Hall, review granted Sept. 9, 2015, S227193.) In the other, the Supreme Court has instructed the parties to brief the issue of whether no-contact probation conditions must be modified to include a knowledge requirement. (In re A.S., review granted Oct. 1, 2014, S220280).