In United States v. Gibson, --- F.3d ---, No. 20-10074 (9th Cir. 2021), the Court affirmed two conditions of supervised release—a place restriction and a third-party risk notification condition—in a case in which the defendant was convicted of receipt or distribution of child pornography in violation of 18 U.S.C. § 2252A(a)(2).
First, Gibson raised a vagueness challenge to a condition that prevented him from going to “any place primarily used by children under the age of 18, including parks, schools, playgrounds and childcare facilities.” The Court held the condition was sufficiently clear to provide notice of what types of places Gibson was forbidden to visit: "The phrase 'primarily used by children' is not indeterminate. It means a place chiefly and for the most part used by children. Even if it may not be entirely clear whether a particular place is primarily used by children, that does not render the condition unconstitutionally vague."Next, the court rejected Gibson's challenge to a standard term allowing the probation officer to require Gibson to notify third parties about any risk he might pose to others. Because the risk was limited only to those posed by his criminal record and nothing else, the term was not unconstitutionally vague.
