Pirali

Defendant John Pirali pleaded no contest to a charge of felony possession of child pornography (Pen. Code, § 311.11). On appeal, defendant challenges probation conditions restricting his access to the Internet and forbidding him from possessing or purchasing sexually explicit materials or pornography as overbroad and unconstitutionally vague. For the reasons set forth below, we modify the condition restricting his access to the Internet to include a knowledge requirement, and further modify the condition restricting his purchase and possession of sexually explicit or pornographic materials with the requirement that he is forbidden from possessing and purchasing these items having been told by the probation officer that such items are sexually explicit or pornographic. As modified, we affirm the judgment.

Factual and Procedural Background

In October 2008, defendant was served with a search warrant pursuant to an auto insurance fraud investigation. Defendant’s computer was taken to a computer analyst, who discovered the existence of possible child pornography on one of the seized hard drives. The computer analyst requested that another search warrant be obtained to search…