State v. Martin (1992)

In State v. Martin, 171 Ariz. 159, 829 P.2d 349 (App. 1992), the only relevant instruction to the probationer was that he have no contact with children under the age of 18 without the written permission of his probation officer. The probationer lived in a foster home, and his brother, his brother's girlfriend, and two minor children came for a visit. The probationer's foster mother was at the home throughout the visit and the probationer was never alone with the children. There was no evidence that he ever talked to them. We held that the term "contact" was too vague to give notice of the kind of group association that was prohibited. The Court said: While the term understandably intends to prohibit potential sexual contact with minors, the language is so broad as to also prohibit Martin from merely being present with minors in conventional places such as schools, shopping malls, churches, sporting events, or social events. Id. at 160, 829 P.2d at 350.