People v. Landis.
2021 COA 92. No. 17CA1449. Sentencing—Probation Conditions—Sex Offender Intensive Supervision Probation—First Amendment.
July 8, 2021
Defendant pleaded guilty to attempted sexual assault on a child. The parties stipulated to a sentence to probation. At the sentencing hearing, the prosecutor agreed with the presentence investigation report recommendation that the district court sentence defendant to sex offender intensive supervision probation (SOISP) and require him to comply with standard probation conditions for adult sex offenders and the recommendations in the sex offense specific evaluation. The court sentenced defendant to seven years of SOISP with a modification to the two standard probation conditions restricting internet and social media use, to allow defendant to use the internet and social media as required by his employment.
On appeal, defendant contended that the district court abused its discretion by imposing the probation conditions restricting internet and social media usage because they are not reasonably related to his rehabilitation and the purposes of probation. However, these probation conditions are reasonably related to defendant’s underlying offense, are not punitive to the point of being unrelated to rehabilitation, are not unduly severe and restrictive, and allow defendant to ask the court to modify the conditions in the future. Further, less restrictive means would not be reasonable. Therefore, the court did not abuse its discretion.
Defendant also contended that the two probation conditions at issue infringe on his right to free speech under the US and Colorado Constitutions. However, the probation conditions are sufficiently narrowly tailored to serve the significant governmental interest of protecting minors from a convicted sex offender who is still serving his or her sentence and completing rehabilitation. Therefore, they do not infringe on defendant’s constitutional rights.
The sentence was affirmed.