People v. Q.R.

Filed: 01/27/2017 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

IN RE Q.R., a Person Coming Under the H043075 Juvenile Court Law. (Santa Clara County Super. Ct. No. 315-JV-41136A)

THE PEOPLE,

Plaintiff and Respondent,

v.

Q.R.,

Defendant and Appellant.

Appellant Q.R. (minor) recorded photographs and video on his cellular phone of consensual sexual activity between himself and Jane Doe, both under 18 years old, and he later extorted money from Doe by threatening to disclose the recordings to other students at their high school. He was placed on juvenile probation after admitting to felony possession of child pornography (Pen. Code, § 311.11, subd. (a)) and extortion (Pen. Code, §§ 518, 520). Minor argues that a probation condition requiring him to submit all electronic devices under his control to warrantless search by the probation department and to provide passwords necessary to access information on those devices is unconstitutionally overbroad. Given the direct relationship between minor’s offenses and his use of an electronic device, we find the search condition appropriately tailored and we will affirm.

I. JUVENILE COURT PROCEEDINGS According to the probation report, juvenile Jane Doe reported to her father that she had engaged in sexual conduct with minor and another boy on separate occasions and was being blackmailed as a result. Doe’s father contacted the police, who interviewed Doe. Doe told a police officer that she had engaged in sexual intercourse with minor multiple times. Minor recorded videos of them having sex. Minor and Doe had also exchanged nude photographs. They eventually broke up, at which point minor reportedly told other students at their high school that Doe had had sex with him. Minor started asking Doe for money, later blackmailing her by threatening to show the videos and photographs to others. Doe gave him money for a couple months before telling her father. In addition to extorting money from her, Doe reported that minor threatened to show the photographs and videos to others if she did not have sex with another boy. Doe “became scared and felt she had to do whatever [minor] told her to do.” Doe had sex with the other boy, who recorded a video of the encounter. Police officers obtained a warrant to search minor’s cellular phone and discovered videos and nude photographs of Doe. Minor used a password-based application called KeepSafe on his phone to securely store videos and photographs, and he provided the password. When interviewed by police, minor denied having a sexual relationship with Doe. He then admitted blackmailing Doe for money, but denied pressuring her to have sex with someone else. According to a police report, officers discovered text messages on minor’s phone in which he “demanded money from [Doe] and reminded her that he still had, ‘pics and videos.’ ” Minor was arrested, and a Welfare & Institutions Code section 602 petition was filed alleging forcible rape (Pen. Code, § 261, subd. (a)(2); count 1); possession or