Padilla was convicted for communicating with a minor for
immoral purposes. At issue here is Padilla's community
custody condition prohibiting him from "possessing] or
access[ing] pornographic materials, as directed by his
supervising Community Corrections Officer" (CCO).
Clerk's Papers (CP) at 37. Padilla argues that the
condition and its accompanying definition of
"pornographic materials" are unconstitutionally
the condition includes a definition of "pornographic
materials, " the definition itself is vague and
overbroad. A condition cannot be saved from a vagueness
challenge merely because it contains a definition when that
definition itself suffers the same weakness. Moreover, an
overbroad definition does not sufficiently put the offender
on notice of what materials are prohibited and subjects him
to possible arbitrary enforcement. We therefore reverse the
Court of Appeals' decision upholding the condition and
remand to the trial court for further definition of the term
"pornographic materials" following a determination
of whether the restriction is narrowly tailored based on
nine-year-old living in California, received a message on her
Facebook page. At the time, her profile picture showed her at
eight-and-a-half years old. The message, sent from "Jim
Wilcox, " included sexually explicit texts. Originally,
K.M. thought these messages were from a family friend, but
quickly realized she was mistaken.
relevant portion of the conversation includes:
[Wilcox]: "are you alone?"
[K.M.]: "ya y?"....
[Wilcox]: "cause im jerking off to you. what are you
[WILCOX]: "you are so pretty, my cock is still hard for
[K.M.]: "shut up I am 9!!!!!!!!!!!!"....
[Wilcox]: "suck it"
[K.M.]: "no u r gross I am 9 so back off ....
CP at 113-14. Concerned and confused, K.M. blocked
"Wilcox" and told her father about the
conversation. K.M.'s father reported the messages to
California law enforcement and provided screenshots of the
conversation. Investigating officers discovered the Internet
protocol (IP) address for the computer used to access the
"Jim Wilcox" Facebook account was associated with