People v. Carlos C. (In re Carlos C.)

*309 *999 Carlos C. (hereafter "Charley" 1 ) appeals a dispositional order, entered after the juvenile court sustained allegations that he committed misdemeanor sexual battery ( Pen. Code, § 243.4, subd. (e) 2 ) when he touched the breast of a female high school classmate. Charley argues the court's finding that he committed the offense is unsupported by substantial evidence, because there is insufficient evidence he had the requisite intent when he touched her. He also challenges two conditions of probation as unconstitutionally overbroad: one prohibiting him from using, owning or possessing "any material which [ sic ] depicts partial or complete nudity," a question that presents an issue of first impression, and another that permits warrantless searches of his electronic devices.

In the unpublished portions of this opinion, we conclude there is substantial evidence Charley committed sexual battery, and that his challenge to the electronics search condition of probation has been forfeited. In the published portion, however, we agree with Charley and hold that the condition of probation forbidding him from using, owning or possessing depictions of nudity is unconstitutionally…