de la Rosa v. State
The Second District held that mandatory electronic monitoring under section 948.30(3) (special condition 31) applies to probationers convicted of possession of child pornography under section 827.071, even absent interpersonal physical contact with a victim, because the statute's 'sexual activity' requirement is satisfied by the conduct proscribed in section 827.071 itself. However, the court reversed revocation of probation because the probation officer's instruction to plug in the electronic monitoring device by a specific time (10:00 p.m.) constituted an impermissible new condition of probation that the officer lacked authority to impose, and therefore could not support a willful and substantial violation finding.
Key facts
- De la Rosa was convicted of possession of child pornography under section 827.071 and placed on probation with mandatory electronic monitoring as a special condition.
- De la Rosa's probation officer instructed him to plug in his electronic monitoring device by 10:00 p.m., and when he failed to do so, the State moved to revoke his probation for violation of this condition.
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Why it matters
This decision clarifies that mandatory sex-offender electronic monitoring under section 948.30(3) extends to child pornography possession convictions even without direct offender-victim contact, closing off a common… — full analysis with a trial
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