makes the statute constitutional he she can't talk to anyone under eighteen that's her probation whether he knows they're under eighteen whether it's for a law purpose you just can't communicate with me any way shape or form let me ask it this way if these conditions of sex offender probation was stapled to newport ri due to the order that was signed by the judge that would be bad but it would certainly would still have a problem with some of these conditions statute says you can't be within five hundred feet of those areas when minors are present probation condition eliminated that in fact lawful i'm exception or that has to say very that you might be able to walk past a school when minors aren't there say on saturday afternoon or you know overnight things like that but the legislature included the probation parents have the same thing with twenty four of the school bus  and it still doesn't change the fact that based on this record there's no indication the judge entered his probation edition just like her whole fine those records are also very lacking and you don't necessarily know for sure but this summary for an unlawful purpose you have a perfectly legitimate purpose right at the time a child leaves questions and they played her see rehabilitation that's my question i want to keep away from the kids right and the statutory provisions do you can't be those things when minors in their probation says you can't go there at all ever and so what if you want to be a  mission for man this person is in here with a judge can determine the appropriate sex offender probation officials for conrad himself and make a record that would explain why he needs to go by any stacked new exceed any year period of his life where the goal is to become a useful productive citizen again and these probation additions to pivot that are helping him from achieving those goals  and forty eight months of sex offender probation these terms that we've all been arguing about today he sets of these times for forty eight months for a set amount of time that was imposed by the trial court challenge their sentence forty eight months a sex offender defendant affirmatively indicated that he knew prior to the proceeding and to his bench trial that he knew and understood that he would have to register as a sex offender and that he would be subject to the sex offender probation if he was convicted of this crime so he was on notice that this is something that you're going to have to comply with before you proceed into his even the appropriate time to take up this issue maybe this would be better served on post conviction where we can ask these questions of the defendant as counsel if you see the sheet if you know about these things prior to signing it because we just don't have necessarily all of the answers everything but what we do have is we have that box checked by the proud court and we have the she which the defendant signed your honors i submit to you that this corps stayed his jail sentence pending festool completion of sex offender probation this isn't some sort of contract and if you didn't necessarily he could have gone to jail the purposes of these conditions are to ensure that he is rehabilitated that he's able to be out in the community and not in president but you need to follow these rules because when we take a step back and consider the big picture of this case he sexually assaulted a minor his sister and these conditions are narrowly tailored and they're aimed at children that you cannot be and these kinds of areas where children are  has today complained on appeal that he's not allowed to go to fairs festivals carnivals parks playgrounds daycare well those are all places where children are he was convicted of assaulting a sister or a minor so it leads to the reasonable inferen and it is merrily tailored towards children but you can't go to those places  in the for what it's worth category that defense trial counsel and this is granted i'm new it's the first time i've seen something like this but there is a letter from defense counsel written to the trial court in this case where trial counsel defense counsel specifically noted that the defendant did not wish to appeal any sense and think issues and this case that send the common law record on page sixty five a letter from defendant's counsel following his convictions stating he did not wish to appeal any sentencing issues that so the state at least that the defendant didn't have a problem with his sentence and yet now today on appeal where are you doing about that sentence moreover the defendant consented to these terms he signed this form and he applies to comply with them he was convicted of a you can't speak and this location you can't be at the park you can't be at the carnival one issue that if council is varying about earlier than you can have contact with persons under the age of eighteen what was left out is if you keep reading the sentence and all read it aloud now defendant is nice to have contact with or it's time to have any contact with persons under the age of eighteen regardless of emily all relationship either in person or by found a male internet or in their mode of communication unless approved by the probation officer and treatment provider your honour's that he can do these things he can communicate with people he can go places but he needs to ask his probation officer he has to be open with this officer you know i have a family reunion and my cousins are going to be there  sixteen am i allowed to go to my family reunion at which point perhaps the probation officer would say yeah that's fine or maybe they would say no so it's not so black and white it's not you can or you can he needs to seek approval from his probation officer narrowly tailored to places where children are he was convicted of assaulting a minor his sister and these conditions are aimed at keeping him away from children and certainly that is rationally related to the events in this case  give complying with the bench terms the sex offender probation at the port indicated on its face and put it one of the defendants to deal we had some discussion earlier when i spoke with i'm here speaking about you know whether the court heard but there was some sort of judicial conference and they all get together and make these conditions you know how how do these conditions come to be and i can't answer that question for you today and i don't think defense counsel of can either where it should lend itself to the fact that perhaps this isn't the best might move to revoke defendants probation at that time while he's going through the mcdonald's drive through perhaps that's a better time to then raise this issue when his petition there's another tension turbot probation he has every right to present evidence you know i was not with and hundred feet of the posted bus stop sign or you know whatever you happen to be thinking at that time to challenge that particular condition at which point then we can get more evidence about this we can ask  determine whether or not the victim was a credible witness and moreover the court then viewed the cac interview of the victim in this case that event actually gave very specific details about the kind of conduct that occurred error is that this is a first time family offender who is twenty years old and he's given the chance for probation and the court recognizes he can be rehabilitated without going to and then probation on i think that's unfair and friends because you're inferring that the judge is ok with geographic banishments of the court has held or not and he's ok with exceeding specially already without making a record of why it's necessary i think that's an improper and friends have to assign to this this judge but we have no evidence in the record that he's aware of these conditions and knows that he's imposing things that aren't authorized by section and so you know for those reasons we ask you to reverse