Annoying or Molesting a Child

What is the definition of Annoying or Molesting a Child?

Every person who annoys or molests any child under 18 years of age.

What qualifies as annoying or molesting under California Penal Code Section 647.6 PC?

It is any conduct that a person of normal sensibilities would find disturbing, troubling or burdensome. And the conduct was motivated by an unnatural sexual interest.

What kinds of conduct would count as annoying or molesting under California Penal Code 647.6 PC?

Examples of the kinds of conduct to be regarded as annoying or molestation would be:

• Touching a child not related to you or having been introduced;
• Taking a photograph of a child on their parent’s private property;
• Whistling at a child not related to you or having not been introduced;
• Following a child on foot or in a car not related to you or having not been introduced.

So why is California Penal Code Section 647.6 a dangerous violation for an offender and an interesting prove-up for the prosecution?

The elements involved in a conviction require no touching. In essence this is called a general intent crime. And being in the vicinity is purposeful enough under the Statute.

Is there a mistake in fact defense under California Penal Code 647.6(a) PC? 

No, there is no mistake of fact defense.

Sentencing/Punishment 647.6 PC 

Does a conviction under California Penal Code 647.6(a) PC trigger a registration requirement as a Sex Offender under California Penal Code Section 290(a)?

Yes, California Penal Code Section 290, requires all defendants convicted of certain sex offenses to register for life while residing in California. California Penal Code Section 647.6 is listed for mandatory registration. Misdemeanor convictions under California Penal Code Section 647.6 permits petitioned exclusion from the Megan’s Law Internet website or certificates of rehabilitation of removal from online registration as a sex offender.

Is probation offered under a conviction for Penal Code 647.6(a) PC?

Yes. Some of the probationary relief provided can include:

• Psychological counseling;
• ROs, TROs and Workplace TROs;
• Relinquishing access codes accounts to social media, internet accounts to probation officers;
• Agreeing to warrantless searches of any residence the offender resides; and
• Electronic monitoring.

What are the penalties associated with a conviction of California Penal Code 647.6 PC?

When a crime can be charged as a misdemeanor or felony it is known as a wobbler.

Generally, child annoyance is a misdemeanor punished by a fine not exceeding five thousand dollars ($5,000), by imprisonment in a county jail not exceeding one year, or by both the fine and imprisonment. Where child annoyance is committed in a residential setting, it is an alternate felony, sometimes referred to as a wobbler punished by imprisonment in the state prison, or in a county jail not exceeding one year. Upon the second and each subsequent conviction” of child annoyance, the offense is punished “by imprisonment in the state prison. Where the defendant has a prior conviction of various enumerated offenses, including a lewd act in violation of section 288 shall be punished by imprisonment in the state prison for two, four, or six years.”

Examples 647.6 PC 

What are examples of annoying or molesting a child under California PC 647.6?

1. A male, who just turned 18 years old, and previously on juvenile probation for statutory rape of his then 14-year-old old ex-girlfriend, without her parent’s permission enters their house through his ex-girlfriend’s 2nd story window and takes pictures of her when she is sleeping. He then wakes her up but upon doing so startles her. She, after repeated requests, agrees to have reciprocal oral sex. When they are finished, he exits the window. The next day she tells her parents. Her parents without her knowledge, due to the statutory rape charge two years ago, told her they installed a hidden camera in her room. Her parents call the police and send them the footage. Two days later after his birthday the teenager is arrested.
2. A young couple, while shopping for dinner, take their 5-year-old son with them to the grocery store. When shopping the father notices his son exchanging smiles with an unknown man sitting by himself on a food court seat. The father then sees the man wink at his son, resulting in his son placing his hands over his face and turning away. The father tells his wife, who gets help of grocery store attendants who detain him. The police arrive and view the store footage. The man is arrested.

Need a Lawyer? 

If you are charged with annoying and or molesting a child under California Penal Code Section 647.6(a) call Law Mart today. Entertainment related industries: agents, managers, and the talent they represent (even if charges are not filed, and there is an inquiry or a communication of an incident) are encouraged to contact our experienced criminal defense attorneys.