A161491

The Court of Appeal held that the condition requiring the minor to obey a daily curfew between 8:00 p.m. and 6:00 a.m. was unconstitutionally overbroad because it swept too broadly in light of the purpose it was designed to serve, and was not narrowly tailored for the purposes of public safety and rehabilitation. Here, the minor was involved in pro-social activities outside of school, his offense was not committed during night time hours, he was not a runaway, and he was not involved in a gang. The Court, therefore, modified the curfew to state: “You are required to be at your legal residence between the hours of 10:00 p.m. and 6:00 a.m., unless accompanied by a parent or legal guardian.”

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