Turner

Defendant Marc Christopher Turner pled no contest to felony indecent exposure with a prior conviction for such an offense. (Pen. Code, § 314, subd. I.) The trial court suspended sentence and placed defendant on five years’ formal probation subject to certain terms and conditions.

On appeal, defendant contends two of the probation conditions are unconstitutionally vague and overbroad, and the court was without the authority to impose a county penalty assessment (Gov. Code, § 76000). In the unpublished portion of the opinion, we shall strike the penalty assessment. In the published portion of the opinion, we shall modify the probation conditions and affirm the judgment as modified.

BACKGROUND

The facts of defendant’s offense are taken from the probation report. A three-year-old girl identified defendant as having exposed himself to her. Defendant had a prior conviction for indecent exposure to children (Pen. Code, § 314, subd. 1) and two federal convictions for receiving child pornography ( 18 U.S.C. § 2252 (a)(2)).

The trial court imposed several special probation conditions, including condition No. 24, that defendant “[n]ot associate with persons under the age of 18…