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Washington Supreme Court weighs whether common probation condition barring 22sexually explicit22 materials is vague
Summary
The court heard competing arguments over a boilerplate probation condition that cites multiple RCW definitions; counsel for a juvenile asked the court to strike the clause as vague and overbroad, while the state urged affirmation and guidance for consistent application.
The Washington Supreme Court heard oral argument on Sept. 10 over whether a standard community-custody condition (commonly listed as condition 5) that bars possession or viewing of “sexually explicit” materials is unconstitutionally vague or overbroad when it cites a definitional RCW subsection.
Aaron Moody, counsel for the petitioner J.H.M., told the court the clause is “vague and overbroad” and that the juvenile court did not intend to impose the final clause in this case; Moody urged the justices to strike the statutory reference (the portion of condition 5 citing the definitional subsection) or the condition in its entirety in this juvenile's judgment and sentence.
Why it matters: the challenged clause appears as boilerplate on Appendix H in many community custody orders. If left uncertain,…
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