Riley, J.
Appellant-Defendant, Amjad Salhab (Salhab), appeals following his conviction for three Counts of rape, Level 3 felonies, Ind. Code § 35-42-4-1(a)(1); and child seduction by a guardian, a Level 5 felony, I.C. § 35-42-4-7(m).
We affirm in part, reverse in part, and remand for further proceedings.
Salhab presents this court with three issues, which we restate as: (1) Whether his conviction for rape by digital penetration violates the continuous crime doctrine; (2) Whether the trial court abused its discretion when it imposed consecutive sentences for his rape convictions; and (3) Whether a condition of his probation is unconstitutionally overbroad.
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The trial court suspended six years of Salhab’s sentence and ordered him to serve three years of probation. Condition No. 21 ordered Salhab to refrain from visiting “businesses that sell sexual devices or aids.” (Appellant’s App. Vol. III, p. 5). Salhab argues that identical probation and parole conditions have already been held to be unconstitutionally overbroad, and we agree. See Bleeke v. Lemmon, 6 N.E.3d 907, 921 n.8 (Ind. 2014) (parole condition); Custance v. State, 128 N.E.3d 8, 12 (Ind. Ct. App. 2019) (probation condition); Collins v. State, 911 N.E.2d 700, 714 (Ind. Ct. App. 2009) (probation condition), trans. denied. Therefore, we reverse that portion of the trial court’s probation order and remand with instructions to the trial court to clarify that portion of Condition No. 21. See Custance, 128 N.E.3d at 12 (remanding identical probation condition to the trial court for clarification).
CONCLUSION
Based on the foregoing, we conclude that Salhab’s conviction and sentencing for rape by digital penetration does not violate the continuous crime doctrine and the trial court did not abuse its discretion when it imposed consecutive sentences. However, we also conclude that the challenged portion of Condition No. 21 is unconstitutionally overbroad.
Affirmed in part, reversed in part, and remanded for further proceedings consistent with this opinion.
May, J. and Altice, J. concur