People v. Antonio C.

Antonio C. admitted he was within the provisions of Welfare and Institutions Code section 602 1 in that he possessed an explosive, a felony violation of Health and Safety Code section 12305. The court placed him on probation subject to a number of conditions. On appeal, he challenges the condition that bars him from obtaining “any new tattoos, brands, bums, piercings or voluntary scarring.” 2 He contends the ban is invalid under People v. Lent (1975) 15 Cal.3d 481 [ 124 Cal.Rptr. 905 , 541 P.2d 545 ], and violates his free speech rights under the First and Fourteenth Amendments. We hold that the tattoo and body marking prohibitions are consistent with the reformative and rehabilitative purposes of juvenile probation and constitute a reasonable exercise of the juvenile court’s supervisory function to provide for the minor’s safety and protection. We will modify the condition to read: “the minor shall not obtain any tattoos, brands, bums, or voluntary scarring; he shall not obtain any piercings with gang significance or not in compliance with Penal Code section 652, subdivision (a).”

Facts

On October 7, 1999, a student at Madera High School saw 15-year-old Antonio light…