In re Daniel P. CA4/1

STATEMENT OF FACTS

The Minor's adopted mother discovered the Minor in the bathroom with his six-

year-old sister. The Minor was naked with an erect penis, while the sister was pulling up

her pants. The sister described how the Minor placed his penis in her "bottom." The

Minor admitted three or four occasions in which he placed his penis against her vagina

and anus and that on one occasion he briefly penetrated her anus.

DISCUSSION

One of the conditions requested by the probation officer and imposed by the court

was: "25. Not associate with (persons/females/males) he/she knows or reasonably

should know are under the age of 18, unless in the presence of a responsible adult who is

aware of the nature of his/her background and current offense, and who has been

approved by the probation officer."

2 The Minor objected to the condition as overbroad and requested modification.

The court declined. The Minor argues again on appeal that the condition is overbroad

and unnecessarily interferes with the constitutional right of association.

A. Legal Principles

The juvenile court has wide discretion to craft reasonable conditions of probation

that will help in the…