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Probation Conditions Implicitly Require Knowledge

February 9, 2017 Comments off

Probation Conditions Implicitly Require Knowledge

“The terms of defendant’s probation bar him from possessing firearms or illegal drugs.  He contends that these conditions on his release are unconstitutionally vague on their face, because they do not explicitly define the state of mind, or mens rea, required to sustain a violation of probation.  He requests modification of the conditions to convey explicitly that they apply only to knowing possession of the prohibited items.  What we conclude is that the probation conditions already include an implicit requirement of knowing possession, and thus afford defendant fair notice of the conduct required of him.”

People v. Hall

S227193

http://www.courts.ca.gov/opinions/documents/S227193.PDF

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