Sentencing — extended supervision conditions

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United States Court of Appeals For the Seventh Circuit

Criminal

Sentencing — extended supervision conditions

A condition of extended supervision that a defendant not view sexually stimulating material or go to places where it is available is unconstitutionally overbroad.

“Special Condition Five states: ‘The defendant shall not view or listen to any pornography or sexually stimulating material or sexually oriented material or patronize locations where such material is available.’ Read literally, this provision might preclude Adkins from using a computer or entering a library—irrespective of what he views in either place—because both are ‘locations’ where ‘sexually stimulating material … is available.’ Indeed, he might not be able to ride the bus, enter a grocery store, watch television, open a magazine or newspaper, read a classic like Romeo and Juliet, or even go out in public (given the ubiquity of advertisements that use potentially sexually oriented or sexually stimulating images to pique consumer interest). More practically, how can we tell which images or voices are sexually stimulating for Adkins? Cf. United States v. Smith, 972 F.2d 960, 962 (8th Cir. 1992) (striking down a supervised release condition and criticizing it as ‘unworkable’ in practice). It is hard to see how the potential breadth of Special Condition Five would satisfy the narrow tailoring requirement of 18 U.S.C. § 3583(d).”

Affirmed in part, and Vacated in part.

12-3738 & 12-3739 U.S. v. Adkins

Appeals from the United States District Court for the Northern District of Indiana, Simon, J., Flaum, J.