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In re George F.

California Court of Appeals, Fourth District, First Division

June 28, 2016

In re GEORGE F., a Person Coming Under the Juvenile Court Law.
v.
GEORGE F., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v.

         APPEAL from an order of the Superior Court of San Diego County No. J235534, Browder A. Willis III, Judge.

          Sheila O'Conner, by appointment of the Court of Appeal, for Defendant and Appellant.

          Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Teresa Torreblanca, Deputy Attorneys General, for Plaintiff and Respondent.

          HUFFMAN, J.

         A petition was filed with the juvenile court under Welfare and Institutions Code section 602 alleging that George F. committed a lewd and lascivious act upon a child under the age of 14 (Pen. Code, [1] § 288, subd. (a); count 1), and that George willfully annoyed and molested a child under the age of 18. (§ 647.6, subd. (a); count 2.) The People offered to dismiss count 1 if George admitted to count 2. George admitted to count 2 and the juvenile court found a factual basis for that admission. The court then granted the People's motion to dismiss count 1, declared George a ward of the court, and ordered him to juvenile probation on various terms and conditions.

         George appeals contending that the conditions of his probation restricting his use of electronics or requiring the submission of those electronics to search are (1) invalid under People v. Lent (1975) 15 Cal.3d 481 (Lent) and (2) unconstitutionally overbroad. We disagree.

         FACTS

         The juvenile court found the following factual basis for George's admission:

         "[O]n or about January 4th of 2014, George did willfully, unlawfully annoy, [and] molest [a child], who was six years old at the time by laying on top of her and kissing her, and when he laid on top of her, he touched her with his body in violation of Penal Code section 647.6(a), a misdemeanor."

         At George's disposition hearing, the probation department recommended the following probation conditions relevant to this appeal:

         "16. The minor shall not knowingly possess sexually explicit material as defined by the California Code of Regulations, title 15, section 3006, subdivisions (c)(1)(A).

         "17. The minor shall not knowingly access the Internet or any on-line service through use of an electronic device such as a computer, electronic notepad or cell phone, at any location (including school) without the prior approval by the probation officer.

         "18. The minor shall provide all passwords and pass phrases to unlock or unencrypt any file, system, or data of any type, on any electronic devices, such as a computer, electronic notepad, or cell phone, to which the minor has access. Minor shall submit those devices to a search at any time without a warrant by any law enforcement officer, including a probation officer.

         "19. The minor shall provide all passwords or pass phrases to any internet sites or social media sites, such as Facebook, Twitter, SnapChat, or Google, used or accessed by the minor. When asked by any law enforcement officer, including a probation officer, the minor shall submit those websites to a search at any time without a warrant. The minor shall not knowingly clean or delete his or her Internet browsing.

         "20. The minor shall not knowingly use any tool, site, software, device, or procedure that will tend to hide the minor's identity or Internet or computer activity, such as Anonymizer, remailers, ...


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