People v. Delvalle

In People v. Delvalle (1994) 26 Cal.App.4th 869, the defendant appealed an order granting probation following his conviction of two counts of attempting to buy a person ( 181). The superior court granted probation subject to a number of conditions, including the condition that defendant "'stay away from the victim in this case and also stay away from any places where minor children congregate. The obvious places that come to mind are elementary schools, day care, parks. Stay away from places where young children are around.'" (Delvalle, supra, at p. 878.) On appeal, defendant argued the condition should be stricken because it forbade noncriminal conduct and violated his rights to free association and due process of law in that it was vague and ambiguous. The appellate court held the condition was directly related to the crime alleged against defendant in that his multiple attempts to purchase a child centered on her presence at school. The condition was reasonably related to future criminality in that places where minor children congregate constituted a probable situs at which defendant might duplicate his offenses. (Id. at p. 879.) The appellate court further acknowledged that conditions of probation impinging on constitutional rights must be tailored carefully and reasonably related to the compelling state interest in reformation and rehabilitation. The court held: "Here ... the state has a compelling interest in the protection of children which justifies the restriction on Delvalle's freedom of association. Nor is the condition overbroad as the trial court indicated by example the restriction applied to such places as elementary schools, day-care centers and parks. As no overbreadth or ambiguity appears, the condition properly was imposed." (Delvalle, supra, 26 Cal.App.4th at p. 879.)