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Name: In re Hudson
Case #: A112494
Court: CA Court of Appeal
District 1 DCA
Division: 1
Opinion Date: 09/20/2006

Hudson was convicted of sex offenses with children, which included possession of child pornography on his computer, and photographing young boys and displaying the photographs on his computer. The Department of Corrections appealed an order granting Hudson’s habeas petition which found a condition of parole both unreasonable and overbroad. The special condition was that Hudson not possess or have access to computers, the internet, or camera equipment absent permission from parole authorities. The appellate court found the parole condition reasonable and appropriate under the circumstances of this case, and reversed. A condition of parole is valid if the prohibited conduct is reasonably related to the crime of conviction or to future criminality. Here, although the original offense (lewd conduct with a child) did not involve a computer, Hudson prohibited authorities from searching his computer by refusing to give them his password, and it could not be verified that he had not used it for criminal conduct. A second offense committed while on probation involved possession of photographs of children, and a computer with a web camera was seized. Also, since the condition was not a blanket prohibition, it was not overbroad.