California Court of Appeals, Fourth District, First Division
In re GEORGE F., a Person Coming Under the Juvenile Court Law.
GEORGE F., Defendant and Appellant. THE PEOPLE, Plaintiff and Respondent, v.
from an order of the Superior Court of San Diego County No.
J235534, Browder A. Willis III, Judge.
O'Conner, by appointment of the Court of Appeal, for
Defendant and Appellant.
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.
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,  § 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.
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
juvenile court found the following factual basis for
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
George's disposition hearing, the probation department
recommended the following probation conditions relevant to
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).
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
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
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.
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, ...