Saturday, December 10, 2011

Cal. court modifies probation conditions for CP possessor

A California appellate court modified conditions of probation in a child pornography case (People v. Kinley, 2011 Cal. App. Unpub. LEXIS 9410 (2011)). Kinley had taken his computer for repairs, and employees found a screen saver displaying child pornography.

  • The requirement not to "reside near" parks, schools, etc. was modified to state "reside within 2,000 feet" because it was too vague. 
  • A ban on possession of toys, stuffed animals, and games without permission from the probation officer was constitutional. "It is not unreasonable to require written approval from the probation department in the unusual event that this 60-year-old single, childless male can demonstrate a need to have children's clothing, a stuffed animal, or toy."
  • A general requirement of disclosure of the conviction to romantic partners (and getting informed, written consent) was struck down, but such disclosure is required if they have "regular contact with minors."
  • Requirement that Kinley "not use a computer that is connected to any computer or computer device capable of being connected to a computer" was deleted, but another term limiting computer use to education and employment was kept.
See a related post here.


  1. The Cybercrime Handbook for Community Corrections is out and will help probation and parole officers address the Internet conditions that were imposed in this case. See

    Also friend the book at