California Penal Code 647.6 PC defines a serious offense of annoying or molesting a child under 18 years old while driven by an abnormal sexual interest in the minor. This statute, commonly known as “child molestation,” underscores the severity of the crime and the potential legal implications.
The meaning of annoying or molesting is to become engaged in conduct that will most likely disturb a child, and your primary motivation is having a sexual interest in them.
You don't have to actually touch the minor to be arrested, charged, and convicted of PC 647.6 child molestation. The words you use and the motivation behind them could be enough to get you charged with this serious sex crime.
Penal Code 647.6 PC is a California “wobbler” offense, a unique feature of California law that allows the prosecutor to file the charge as either a misdemeanor or felony, providing flexibility depending on the circumstances and the defendant's criminal history.
A common example of a child molestation case could include a scenario where a man makes explicit sexual-related comments to a child, letting them know what sexual act they would like to perform on them.
Annoying or Molesting Conduct
It's generally believed that “molesting” someone involves some type of physical sexual act, but this is not always true under PC 647.6. As stated, just the words used could be sufficient for child molestation charges under this statute because they can be considered an annoyance.
Further, even though masturbation can be indirect sexual behavior, it's also a violation of PC 647.6 if the act was done with the intent to be observed by a child. So, the description of annoying and molesting conduct in the context of California Penal Code 647.6 PC is behavior that is:
- Primarily motivated by an abnormal sexual interest in children and
- Conduct that will likely disturb or irritate a child.
Under this statute, someone's conduct must be considered a criminal act if the child is not actually disturbed; rather, it must meet the standard of what a reasonable child would be disturbed under the same circumstances.
Further, a specific child does not have to be the target of the unlawful behavior; rather, a general engagement of a group of children would be sufficient to be charged with child molestation under Penal Code 647.6 PC.
Annoying or molesting a child in violation of PC 647.6 is a general intent crime, which means you do not have to have an intent for your conduct to be lewd or that you irritated a child. This statute focuses on the conduct of the defendant, not the result.
Factors That Must Be Proven
To be convicted of violating Penal Code 647.6, annoying or molesting a child, the prosecutor will have to prove, beyond a reasonable doubt, several factors, which are called the “elements of the crime.” These are listed under California criminal jury instructions (CALCRIM 1122):
- Defendant engaged in unlawful sexual conduct towards a minor who was under 18 years old at the time of the incident and
- Defendant's behavior was motivated by an abnormal and unnatural sexual interest in the minor child,
- A normal person would have been disturbed, irritated, or offended by the conduct of the defendant.
In order to be convicted of Penal Code 647.6, it does not have to be proven defendant had an intent to seduce the minor; rather, only their motivation was primarily a sexual interest.
It should be noted, however, that if it can be shown the defendant had a reasonable belief the minor was at least 18, then they can't be convicted of child molestation.
Punishments for a Conviction
Suppose you are convicted of a first offense, Penal Code 647.6 PC, annoying or molesting a child. In that case, it will normally be filed as a misdemeanor crime by the prosecutor, which is punishable by:
- A maximum of one year in county jail,
- A maximum fine of $5,000, or both.
The case could be filed as a “wobbler” that could be charged as either a misdemeanor or felony offense in a situation where you entered an inhabited home without consent during the sex crime. A 'wobbler' offense is a unique feature of California law, allowing prosecutors discretion in charging a crime as either a misdemeanor or a felony, depending on the circumstances and the defendant's criminal history, potentially increasing the severity of the charge.
If you are convicted of a PC 647.6(b) felony crime of annoying or molesting a child, you could receive a sentence of up to three years in state prison. If you have a prior child molestation conviction, then a new PC 647.6 charge will always be filed as a felony crime.
Certain Prior Convictions
In a situation where you have a prior conviction on your record for other specific sexual-related crimes, then a conviction for violating Penal Code 647.6 as a felony offense carries a sentence of two, four, or six years in a California state prison.
These specific offenses include statutory rape, lewd acts on a minor, continuous sexual abuse of a minor, and child pornography. The specific offenses for which you were convicted include the following:
- Penal Code 261.5 – statutory rape,
- Penal Code 288 PC – lewd acts on a minor,
- Penal Code 288.5 PC – continuous sexual abuse of a minor,
- Penal Code 311 PC – child pornography.
If convicted of child molestation under this statute, you will typically be ordered by the judge to register as a sex offender defined under California Penal Code 290 PC.
Registration as a sex offender under California Penal Code 290 PC is a serious consequence of a conviction under this statute. Your name and address will appear publicly on the Megan's Law website, a public resource that provides information about registered sex offenders in the community. This public listing can have significant social and professional consequences, including housing and employment difficulties. It's crucial to understand the potential impact of a conviction and to seek legal defense to avoid these life-altering consequences.
Defenses for Child Molestation
If you have been accused of violating Penal Code 647.6, it's crucial to seek legal defense. Our criminal attorneys can use a range of defense strategies, such as no sexual interest in the child or credibility of witnesses, to try to get the charges reduced or even dismissed. Don't delay in seeking legal help to protect your rights and future.
Recall from the elements of the crime that the prosecutor has to basically prove your mental state by showing you were motivated by a sexual interest in the child. This can be difficult to prove unless there is a confession of incriminating statements. We might be able to make an argument to create reasonable doubt. This legal standard means the prosecutor must prove their case to the extent that there is no reasonable doubt in the mind of a reasonable person that the defendant is guilty.
This means a prosecutor will typically depend on the totality of all the circumstances to show that your primary motivation was a sexual interest in minors. We might be able to argue that the victim's credibility is not reliable.
Perhaps an adult pressured the alleged victim to make false allegations out of anger, jealousy, or revenge for a relationship that ended badly. We might be able to show that either the victim or a witness has a bias or a history of dishonesty.
If you find yourself facing an accusation of annoying or molesting a child, it's crucial to take immediate action to protect yourself. This reiterates the urgency of the situation. Don't make any statements to the police, as you are at risk of making incriminating statements that will be used against you in court. Rather, contact our experienced team of criminal defense lawyers to review all the details closely.
Suppose our law firm gets involved early in the criminal case process. In that case, we might be able to negotiate with the prosecutor to avoid the formal filing of charges through prefiling intervention.
Cron, Israels & Stark is a top-rated criminal defense law firm representing people in all Southern California courtrooms. We have two office locations in West Los Angeles County. Contact us for a free case consultation at (424) 372-3112.
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