Filed 7/30/26 In re M.R. CA1/1
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION ONE
In re M.R., a Person Coming Under
the Juvenile Court Law.
THE PEOPLE,
Plaintiff and Respondent,
v. A174435
M.R.,
(San Mateo County
Defendant and Appellant. Super. Ct. No. 25-JW-0340)
M.R. appeals from a juvenile court order declaring him a ward of the
court and placing him on probation after he entered a plea to a felony count
of sexual battery by restraint against a 12-year-old girl. He challenges
probation conditions (1) authorizing searches and preventing destruction of
his electronic data (the electronic-data conditions), (2) restricting his
association with minors under 14 years old (the association condition), and
(3) prohibiting him from possessing “any materials or items that have a
primary purpose of causing sexual arousal” (the sexual-materials condition).
We agree with M.R. that the electronic-data conditions are
unreasonable under People v. Lent (1975) 15 Cal.3d 481 (Lent). We therefore
strike them and remand for the juvenile court to consider whether to impose
revised conditions. We also agree with the parties that the association
condition should be modified to include a knowledge requirement, but we
reject M.R.’s contention that the condition is overbroad. Finally, we conclude
that the court did not abuse its discretion by imposing the sexual-materials
condition.
I.
FACTUAL AND PROCEDURAL
BACKGROUND
In August 2025, then 16-year-old M.R. was visiting the home of his
uncle and his uncle’s girlfriend.1 The girlfriend’s 12-year-old daughter from a
previous relationship also lived there. The girl, referred to in the record as
“CV” (confidential victim), reported to police later that day that M.R. sexually
assaulted her. She stated that M.R. approached her in the kitchen, grabbed
her waist and pulled her to him, grabbed her buttocks under her underwear,
and began to kiss her. When CV tried to push M.R. away, he “continued to
grope her butt as he told her, ‘This could be our little secret.’ ”
M.R. eventually walked away, and CV called her grandmother to pick
her up. While she waited to be picked up, CV went to her bedroom to change,
and M.R. followed her. CV reported that she attempted to close the bedroom
door before M.R. could come inside, but he blocked her from doing so. He
then approached her, grabbed her hips, and again “reached into her pants
and cupped her buttocks.” CV asked M.R. whether her grandmother was
there and said she “was expecting her to arrive at any moment,” and M.R.
then left the bedroom.
Two days after the incident, the San Mateo County District Attorney
filed a petition under Welfare and Institutions Code section 602 seeking to
1 The underlying facts are drawn primarily from the probation report.
2
have M.R. declared a ward of the court. The petition alleged four felony
counts: forcible lewd acts upon a child under 14 years old, sexual battery by
restraint, and two counts of assault with the intent to commit a sex offense
against a victim under 18 years old.2 Under a plea agreement, M.R. pled no
contest to sexual battery by restraint, and the remaining counts were
dismissed.
At the September 2025 dispositional hearing, the juvenile court
declared M.R. a ward of the court and placed him on probation. He was
subject to various conditions, including that he not have contact with CV and
complete a therapeutic program for youth who have committed sex offenses.
We discuss the conditions M.R. challenges in more detail below.
II.
DISCUSSION
A. General Legal Standards
When a ward of the juvenile court is placed on probation, the court
“may make any and all reasonable orders for the conduct of the ward,
including conditions of probation” that (1) “are individually tailored,
developmentally appropriate, and reasonable”; (2) impose a “burden . . . [that
is] proportional to the legitimate interests served by the conditions”; and
(3) “are determined by the court to be fitting and proper to the end that
justice may be done and the reformation and rehabilitation of the ward
enhanced.” (Welf. & Inst. Code, § 730, subd. (b).) “ ‘A condition of probation
which is impermissible for an adult criminal defendant is not necessarily
unreasonable for a juvenile receiving guidance and supervision from the
juvenile court.’ ” (In re Ricardo P. (2019) 7 Cal.5th 1113, 1118 (Ricardo P.).)
2 The charges were brought under Penal Code sections 288,
subdivision (b)(1) (lewd acts), 243.4, subdivision (a) (sexual battery), and 220,
subdivision (a)(2) (assault with intent to commit sex offense).
3
We review conditions of probation for an abuse of discretion, which
occurs only if “ ‘the condition is “arbitrary or capricious” or otherwise exceeds
the bounds of reason under the circumstances.’ ” (Ricardo P., supra,
7 Cal.5th at p. 1118.) To determine whether a probation condition is
reasonable, we apply a three-part test under Lent, supra, 15 Cal.3d 481.
(Ricardo P., at pp. 1118–1119.) A condition cannot be held invalid under Lent
unless it meets all three of the following prongs: it “ ‘ “(1) has no relationship
to the crime of which the offender was convicted, (2) relates to conduct which
is not itself criminal, and (3) requires or forbids conduct which is not related
to future criminality.” ’ ” (Ricardo P., at p. 1118, quoting Lent, at p. 486.)
In addition to being reasonable, “[a] probation condition ‘must be
sufficiently precise for the probationer to know what is required . . . , and for
the court to determine whether the condition has been violated,’ ” or else it is
void for vagueness. (In re Sheena K. (2007) 40 Cal.4th 875, 890.) And when a
probation condition imposes limitations on a probationer’s constitutional
rights, it “must closely tailor those limitations to the purpose of the
condition”—the person’s reformation and rehabilitation—“to avoid being
invalidated as unconstitutionally overbroad.” (Ibid.) “ ‘[W]hether a term of
probation is unconstitutionally vague or overbroad presents a question of law,
which we review de novo.’ ” (In re David C. (2020) 47 Cal.App.5th 657, 661
(David C.).)
B. The Electronic-data Conditions Do Not Pass Muster Under Lent.
M.R. first challenges the electronic-data conditions as unreasonable
and unconstitutionally overbroad. We conclude that the conditions are
invalid under Lent and therefore do not reach the constitutional claim. (See
In re Amber K. (2020) 45 Cal.App.5th 559, 564 (Amber K.).)
4
1. Additional facts
The juvenile court imposed the following four probation conditions
involving M.R.’s electronic data and devices:
“Any electronic data storage and/or communication devices,
including cellular phones, laptops, iPads, computers, and game
consoles under the Minor’s control and/or [to] which the Minor
has shared, partial or limited access, is subject to a full and
complete search, by any Probation Officer, in any manner
required to guarantee full disclosure by any Probation Officer,
during the day or night, with or without [the Minor’s] consent,
with or without a search warrant, and without regard to probable
and reasonable cause.
“The Minor shall provide encryption keys or passwords to
the Probation Officer for any computer or electronic data storage
devices, including all Social Networking Site accounts in his
possession, custody or control and to which [the Minor] has sole,
shared, partial, or limited access.
“The Minor shall not possess or utilize any program or
application, on any electronic data storage device, that
automatically or through a remote command deletes data from
that device.
“The Minor shall not contact his service provider to remove
or destroy data from the electronic device(s) if said electronic
device(s) is/are seized as evidence.”
Citing Ricardo P. and David C., M.R.’s trial counsel objected to these
conditions at the dispositional hearing. She argued that the charges against
M.R. arose from “an in-person interaction” and “did not involve electronics.”
The prosecutor argued that there was “an electronic communication
component to the case,” in that during the charged incident, M.R. “asked for
the victim’s phone a number of times, and she asked him why. And he said, I
want to give you my phone number so that we can communicate. And then
he had her put his phone number into her phone, and she later deleted it.
5
But there is that component of him at least communicating to her an intent
to keep in touch with her, communicate with her via telephone, so I think it is
also in support of the no-contact order.” M.R.’s counsel responded that the
conditions still were not reasonably related to M.R.’s conduct or
rehabilitation because he never used electronics to communicate with CV.
Implicitly accepting the prosecutor’s representations about M.R.’s
desire to communicate with CV in the future, which the record did not
independently support, the juvenile court observed, “While the incident was
largely in person, there [are] some attempts to use and discussion about
using electronics to maintain contact with that individual, who was under
14.” The court found that the electronic-data conditions were warranted to
prevent future criminality, both “to make sure that the no-contact order with
[CV was] being followed” and to enforce the condition prohibiting M.R. from
“owning or possessing materials that essentially would be pornography . . . ,
and a lot of those are electronics.”
2. Discussion
As we have said, a probation condition is reasonable unless it meets all
three prongs for invalidation under Lent. It is undisputed that the electronic-
data conditions relate to conduct that is not itself criminal, satisfying Lent’s
second prong. (See Amber K., supra, 45 Cal.App.5th at p. 566 [“use of
electronic devices is obviously not in itself unlawful”].) Thus, we will address
the first and third prongs only.
Lent’s first prong requires that a probation condition have “ ‘no
relationship’ ” to the probationer’s offense. (Lent, supra, 15 Cal.3d at p. 486.)
M.R. maintains that there is no evidence suggesting he “used electronic data
storage devices or communication devices to commit the instant offense.” The
Attorney General responds that the electronic-data conditions are “directly
6
related” to M.R.’s offense because, in the juvenile court’s words, M.R. tried “to
use . . . electronics to maintain contact with [CV].”
Initially, M.R. argues that the juvenile court erred by relying on the
prosecutor’s representations about his attempt to maintain contact with CV
because there was no evidence to support those representations. We need not
resolve this issue, because even if the statements were properly considered,
they do not establish the requisite relationship between the challenged
probation conditions and M.R.’s offense.
Generally, decisions finding a sufficient connection between electronics
search conditions and an offense rely on the probationer’s use of electronic
devices to facilitate the offense. This is true of both decisions on which the
Attorney General relies. In People v. Appleton (2016) 245 Cal.App.4th 717,
the defendant met the minor victim online and later sexually assaulted him.
(Id. at pp. 719–720.) The Sixth District Court of Appeal held “that the nexus
between the offense and the probation condition” at issue was sufficient even
though it was “somewhat attenuated.” (Id. at p. 724.) And in People v. Flores
(2026) 118 Cal.App.5th 563, Division Two of this Court held that there was a
“reasonable relationship” between the condition at issue and the defendant’s
drug offense because the defendant used a website and an online program to
arrange drug sales through a disguised phone number. (Id. at pp. 565–566,
573.)
Here, in contrast, there is no evidence that electronic devices played
any role in facilitating the offense. We recognize that in People v. Salvador
(2022) 83 Cal.App.5th 57, a decision the parties do not cite, the Sixth District
concluded there was a sufficient nexus between the defendant’s sex offenses
and electronics search conditions because there was evidence the defendant
communicated with the minor victims through social media, even though
7
“[t]he record [did] not include any facts about the content or timing of those
communications.” (Id. at p. 63.) But even if post-offense electronic contact
with a victim can establish the requisite relationship, there is no indication
that M.R. ever actually contacted CV through an electronic device. Indeed,
he did not even have the ability to do so, as he never obtained her contact
information. Nor is there any evidence that M.R. attempted to communicate
with CV after the offense. Thus, the Attorney General’s statement that M.R.
tried to maintain contact with CV “despite there being a no-contact order” is
simply inaccurate.
Having determined that Lent’s first two prongs for invalidating a
probation condition are met, we turn to the third prong, regulation of conduct
that is not related to future criminality. The third prong “contemplates a
degree of proportionality between the burden imposed by a probation
condition and the legitimate interests served by the condition.” (Ricardo P.,
supra, 7 Cal.5th at p. 1122.) Thus, the mere fact that “monitoring a
probationer’s electronic devices and social media might deter or prevent
future criminal conduct” is insufficient to justify a broad electronics search
condition. (Id. at p. 1123.)
The juvenile court justified the electronic-data conditions on the basis
that they would ensure M.R.’s compliance with two of his other probation
terms, the no-contact order and the sexual-materials condition. These are
legitimate purposes, but the problem is that the electronic-data conditions
“ ‘burden[] [M.R.’s] privacy in a manner substantially disproportionate’ ” to
those purposes. (Amber K., supra, 45 Cal.App.5th at p. 567.) Similar to the
conditions held invalid in Ricardo P., Amber K., and David C., the conditions
here are essentially unlimited with regard to the electronic devices and data
they cover. As such, they impose a heavy burden on M.R.’s privacy. (See
8
Ricardo P., supra, 7 Cal.5th at pp. 1117, 1123; David C., supra,
47 Cal.App.5th at p. 664; Amber K., at pp. 564, 567.) But there has been no
attempt to restrict them in light of their stated purposes. Thus, we conclude
that they are not “ ‘ “reasonably related to future criminality” ’ ” under Lent’s
third prong. (Ricardo P., at p. 1124; David C., at pp. 664–665; Amber K., at
p. 567.)
In short, the electronic-data conditions here violate Lent because they
do not relate to M.R.’s offense, do not regulate conduct that is itself criminal,
and are not reasonably related to future criminality. As a result, we strike
the conditions and remand for the juvenile court to consider whether to
impose revised conditions that are reasonably related to legitimate interests
in supervising M.R.3 (See David C., supra, 47 Cal.App.5th at p. 665 & fn. 4;
Amber K., supra, 45 Cal.App.5th at pp. 567–568.)
B. The Association Condition Is Valid Once It Is Modified to Include
a Knowledge Requirement.
M.R. contends that the association condition is unconstitutionally
overbroad and vague. We conclude that the condition is not overbroad, but
we accept the Attorney General’s concession that it must be modified to
include an express knowledge requirement.
1. Additional facts
The probation report recommended that the following probation
condition be imposed: “The Minor shall not associate with minors under the
3 M.R.’s claim primarily involves the conditions authorizing searches of
electronic devices and requiring passwords. M.R. does not suggest that the
other two conditions, which prohibit deleting data, are independently
objectionable. Thus, although we accept the parties’ apparent assumption
that the latter two conditions cannot stand if the first two are stricken, we
express no opinion on whether the latter two also require revision before
being reimposed on remand.
9
age of 14, unless it is his own child,[4] nor frequent places where minors
congregate, unless in the presence of a responsible adult, approved by the
Probation Department.” M.R.’s trial counsel objected that the proposed
condition was “overbroad and vague,” as it could “encompass any school
activity, you know, going to a skate park. . . . It would sort of keep [M.R.]
detained in his home.” Counsel affirmed, however, that M.R. had no
objection to the order prohibiting contact with CV.
The prosecutor responded that since M.R. was a junior in high school, it
was not clear why he would need to have “associations with people under the
age of 14.” The prosecutor did agree that “[t]he second part of that condition
. . . might be problematic” because it referred to minors generally, not those
under 14, and asked the court to strike that part while “leav[ing] in place
‘under the age of 14 unless in the presence of a responsible adult or approved
by the probation department.’ ”
The juvenile court agreed that the probation condition was “overbroad”
and “problematic.” Accordingly, the court ordered it modified to read as
follows: “The Minor shall not associate with minors under the age of 14,
unless it is his own child, unless in the presence of a responsible adult, or
associated person is approved by the Probation Department.”5
2. Discussion
“A probation condition ‘ “is unconstitutionally overbroad . . . if it
(1) ‘impinge[s] on constitutional rights,’ and (2) is not ‘tailored carefully and
4 At the time of the offense and proceedings below, M.R. was in a
committed relationship with his longtime girlfriend, who was pregnant with
their first child and due to give birth in late October 2025.
5 This written version differs slightly from the juvenile court’s oral
pronouncement, but we agree with M.R. that the differences “are slight and
have little impact on the condition’s meaning.”
10
reasonably related to the compelling state interest in reformation and
rehabilitation.’ ” ’ ” (People v. Gonsalves (2021) 66 Cal.App.5th 1, 8–9;
People v. Bray (2025) 112 Cal.App.5th 494, 503 (Bray).) “ ‘ “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
[probationer’s] constitutional rights—bearing in mind, of course, that
perfection in such matters is impossible, and that practical necessity will
justify some infringement.” ’ ” (Gonsalves, at pp. 8–9.)
M.R. claims that despite the juvenile court’s modification, the
challenged condition is not narrowly tailored to avoid unduly restricting his
constitutional right to freedom of association. (See Bray, supra,
112 Cal.App.5th at p. 501.) According to him, the condition’s only “legitimate
purpose” is to prevent him from associating with CV, as there is no evidence
that he “committed other sexual misconduct . . . or that he has a predilection
toward minors.” Thus, he claims the condition should have been “carefully
tailored to bar contact with [her]” only.
We reject this argument. M.R. committed a sexual offense against a
12-year-old girl, and the juvenile court could have reasonably determined
that restricting him from more than incidental contact with younger children
was warranted to protect public safety. “ ‘[T]he state has a compelling
interest in the protection of children,’ ” and several decisions have upheld
probation conditions restricting those convicted of crimes against children
from associating with children. (People v. Urke (2011) 197 Cal.App.4th 766,
774–775 [collecting cases].) M.R. cites no authority suggesting that imposing
such a condition requires evidence of a probationer’s danger to children
beyond that supporting the offense itself.
11
M.R. also claims that the association condition unduly restricts him
from activities he might otherwise legitimately participate in, including
school projects, “informal peer social activities without adult chaperones,”
and parenting classes or gatherings. The condition might hamper his ability
to participate in such activities, but it provides significant flexibility by
authorizing them so long as he first arranges for supervision or approval.
(See Bray, supra, 112 Cal.App.5th at pp. 499, 501–503 [overbroad condition
indirectly restricting association with minors could be narrowly tailored by
requiring presence of approved “responsible adult”].) Thus, although we
agree with M.R. that he “may need to appropriately associate” with children
under 14 years old in various contexts, the condition does not bar him from
doing so. It is sufficiently tailored to its public-safety purpose to withstand
his overbreadth challenge.
We agree with the parties that it is, however, appropriate to modify the
association condition to require M.R.’s express knowledge that a minor is
under 14 years old. Generally speaking, if a probation condition prohibits a
probationer from associating with a certain group of people, the condition is
unconstitutionally vague unless it also requires that the probationer know a
given person is in that group. (In re Sheena K., supra, 40 Cal.4th at pp. 890–
891.) Here, M.R. “may reasonably not know” whether a given person is under
14 years old, warranting an express knowledge requirement. (People v.
Turner (2007) 155 Cal.App.4th 1432, 1436 [modifying condition prohibiting
association with people under age 18].) Thus, we modify the association
condition to read: “The Minor shall not associate with minors whom he
knows or reasonably should know are under the age of 14, unless it is his own
child, unless he is in the presence of a responsible adult, or unless the
associated person is approved by the Probation Department.” (See ibid.)
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C. The Juvenile Court Did Not Abuse Its Discretion by Imposing the
Sexual-materials Condition Because It Relates to M.R.’s Offense.
Finally, M.R. claims the sexual-materials condition is unreasonable to
the extent it encompasses more than “pornography.” We conclude that the
condition must be upheld because it has some relationship to M.R.’s offense
and therefore fails to meet Lent’s first prong.
1. Additional facts
The juvenile court imposed the following condition: “The minor shall
not own, use, or possess any materials or items that have a primary purpose
of causing sexual arousal, including computer based movies, videos,
magazines, books, games, sexual aids or devices, nor shall he knowingly visit
any establishment where such materials or items are the primary commodity
for sale.” M.R.’s trial counsel objected that to the extent the condition
reached “adult pornography” instead of child pornography, it regulated
conduct that was “not a crime” and not “reasonably related to these charges.”
The prosecutor responded that due to his age M.R. was barred from
purchasing any pornography, and “abstention from viewing pornography”
was reasonably related to the goals of his juvenile sex-offender program.
The juvenile court did not address the defense objection before
imposing the sexual-materials condition. But as mentioned above, in
discussing the electronic-data conditions the court characterized the sexual-
materials condition as prohibiting “owning or possessing materials that
essentially would be pornography for the purpose of causing sexual arousal,
and a lot of those are electronics.”
2. Discussion
M.R. does not challenge the sexual-materials condition to the extent
that it prohibits him from (1) “owning, using or possessing child pornography
and adult pornography” and (2) “knowingly visiting establishments where . . .
13
pornography [is] the primary commodity for sale.” He accepts that these
activities do not satisfy Lent’s second prong because they relate to conduct in
which it is otherwise illegal for him to engage.
As M.R. correctly observes, the sexual-materials condition is worded to
avoid using the term “pornography,” which has been held unconstitutionally
vague. (David C., supra, 47 Cal.App.5th at p. 667 [collecting cases]; e.g., In re
D.H. (2016) 4 Cal.App.5th 722, 727.) In David C., our colleagues in Division
Three of this Court held that “primary purpose of causing sexual arousal”—
the phrase used in the condition here—is a “sufficiently clear” alternative
“that will in almost all cases allow [a] minor to readily determine whether
materials are prohibited.” (David C., at p. 667.) Thus, the condition here
includes materials commonly referred to as “pornography,” and we assume it
is valid to the extent it does so.
We agree with M.R. that the sexual-materials condition could be
reasonably interpreted to encompass additional materials, such as “photos of
models wearing bikinis” or “over-the-counter sexual lubricant.” He claims
that as so interpreted, the condition satisfies Lent’s first prong for
invalidation, because “the record does not show that [he] used sexual
materials in connection with [the] instant offense,” sexual battery. But one of
the offense’s elements is that the touching “is for the purpose of sexual
arousal, sexual gratification, or sexual abuse.” (Pen. Code, § 243.4, subd. (a).)
Since M.R. committed the offense for a sexual purpose, we cannot say that a
restriction on items primarily designed to cause sexual arousal has no
relationship to the offense. As a result, Lent’s first prong is not satisfied, and
the juvenile court did not abuse its discretion by imposing the challenged
condition.
14
We note that M.R. does not claim that the sexual-materials condition
is unconstitutionally overbroad. We might question whether it is proper to
prohibit a teenager—even one who has committed a sex offense—from
possessing or using conventional items (such as lubricant) that can be part of
healthy sexual development and behavior. And we might particularly
question whether such a prohibition is proper for a teenager who is in a
committed relationship. But because the condition’s possible overbreadth has
not been briefed, we have no occasion here to address whether the condition
could be tailored more appropriately to M.R.’s rehabilitative needs.
III.
DISPOSITION
The association condition is modified to read: “The Minor shall not
associate with minors whom he knows or reasonably should know are under
the age of 14, unless it is his own child, unless he is in the presence of a
responsible adult, or unless the associated person is approved by the
Probation Department.” The electronic-data conditions are stricken, and the
matter is remanded for the juvenile court to consider whether to impose
revised conditions consistent with this opinion. The judgment is otherwise
affirmed.
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_________________________
Humes, P. J.
WE CONCUR:
_________________________
Banke, J.
_________________________
Langhorne Wilson, J.
In re M.R. A174435
16