California sex crime laws are stringent on offenders who violate minors. You can be charged with annoying or molesting a child under eighteen years for engaging in sexually motivated conduct towards a child. Before your conviction for this offense, the prosecution must establish the type of act you committed. Additionally, your sexually driven motives towards a child must be clear.

Annoying or molesting a juvenile under eighteen years old is charged under California PC 647.6 and has severe legal and collateral consequences. Even after spending time behind bars and paying hefty fines, a conviction under this statute will remain on your record. Since criminal records in California are accessible to the public, the conviction will appear on your background checks and can be used against you.

If you are charged with annoying or molesting a child in Fresno, CA, you will need a skilled criminal lawyer to guide you  through building a strong defense and beat the charges. At California Criminal Lawyer Group, we understand the impact that a sex crime conviction can have on your life. We will offer the expert legal guidance you need for a favorable case outcome.

Understanding California Penal Code 647.6

Annoying or molesting a child under eighteen years old is punishable under California Penal Code 647.6. Before you face a conviction for the offense, the prosecution must prove the following elements beyond a reasonable doubt:

You Engaged in an Act that Could Irritate or Disturb a Child

California law is evident in the conduct that is considered molesting or annoying to a child. The fit factor that makes your actions annoying to an individual under eighteen years old is if they are driven towards a sexual desire for the child. The conduct must be intrusive to the child’s privacy. You can be arrested and charged with the offense even when you did not mean for your behavior to be obscene to the child.

You can be found guilty of the offense even if you did not pick a specific child. Engaging in offensive conduct in the presence of children where one of them is offended will suffice as molesting or annoying the child.

The jury at your trial will determine whether or not a child is justified in being offended by your conduct. Your conviction for annoying or molesting a child does not require the prosecution to prove that you had direct touch with the child’s body. If your statements or actions fit the meaning of molestation, you will be found guilty.

Your Actions Were Driven by Sexual Interests in a Child

You will be found liable under California PC 647.6 if your actions show an abnormal or unnatural desire for sexual conduct with a child under eighteen years old. If the prosecutor cannot prove beyond a reasonable doubt that your conduct was motivated by sexual interests toward the child, you can avoid a conviction. Proving your sexual intent for the crime can be challenging for the prosecution.

Some of the ways the prosecution could establish your intent include:

  • Examining the evidence presented against you in court. This will include circumstantial evidence and witness testimonies on your conduct.
  • Investigation of your past behavior to determine whether there have been incidents of sexual interest in minors.

Sentencing and Punishment for Annoying or Molesting a Child Under Eighteen in California

A violation of California PC 647.6 is a wobbler. The prosecution has the discretion to file felony or misdemeanor charges against you, depending on the following factors:

  • The exact conduct in which you engaged
  • Your criminal history
  • The presence of aggravating circumstances in your case

When charged as a misdemeanor, annoying or molesting a person under eighteen years old is punishable by:

  • A jail sentence of up to one year
  • Fines that do not exceed $5,000
  • Misdemeanor probation

The prosecution can file a felony charge under PC 647.6 if the following aggravating circumstances are present in your case:

  • You are a danger to other children. You could face felony charges and a conviction for annoying or molesting a child under eighteen years old if the court determines that you are a danger to other children in society. This could be determined by considering the circumstances under which you committed the offense and how you accessed the alleged victim.
  • You are a repeat offender. For defendants with prior convictions for annoying or molesting a juvenile on your record, the prosecutor will file a felony charge against you.
  • You have prior felony convictions for a sex offense against a child. If you have been previously convicted of sex crimes like statutory rape, continuous child sexual abuse, or child pornography, you could be charged with felony annoying or molesting a child under the age of 18.

A felony charge for annoying or molesting a child is punishable by a prison sentence ranging from sixteen months to two or three years. The prison sentence could be increased from three to six years for repeat offenders.

Probation for a California PC 647.6 Violation

Your conviction for a sex crime in California can result in three forms of punishment, including incarceration, fines, and probation. The court often sentences some defendants to probation instead of imprisonment. After a probation sentence, you will serve a part of your jail or prison sentence out on community service.

Although a probationary sentence is an excellent way of avoiding incarceration, the court attaches strict probationary conditions that you must follow throughout your sentence. Probation is available for defendants facing felony or misdemeanor charges for annoying or molesting a child.

After a felony conviction, you may be sentenced to formal probation, which lasts between three and five years. On the other hand, informal probation is for defendants facing misdemeanor charges and lasts one to three years. The conditions of probation that the court can impose in your case include:

  • Regular check-ins. You can periodically report your progress to the court when you are sentenced to informal probation. However, for defendants on formal probation, the court appoints a probation officer to monitor their progress. During the probationary period, you must check in with the probation officer.
  • Pay all the fines. In addition to incarceration and probation, the court may impose fines on you following your conviction for this offense. One of the parts of fulfilling your probation conditions is paying all the court fines.
  • Victim restitution. Molesting or annoying a child can cause severe emotional and physical trauma to the child. In your sentence, the court may require that you compensate the child and their family for these losses.
  • Avoid involvement in other crimes. California courts impose probation for first-time offenders whose cases have no aggravating circumstances. While on probation, you must avoid being involved in other crimes.
  • Seek counseling. For the defendants sentenced to misdemeanor or felony probation for annoying or molesting a child, the court may order counseling.

While probation can save you from the stigma of spending time behind bars, failure to follow the probation conditions could result in probation revocation. If your probation is revoked for violating the conditions, the court can impose the original jail or prison sentence.

Sex Offender Registration for Annoying or Molesting a Child

A violation of California PC 647.6 can result in severe legal penalties. However, the harshest punishment you could face after the crime is being labeled a sex offender. Sex offender registration means that your name will be entered into the registry, and the information can come up when another person performs a background check on you. Being labeled a sex offender can impact your ability to obtain employment, rent a place to live, and sometimes cause social stigma.

The length of time your name remains on the registry will depend on the tier in which your offense falls. Annoying or molesting a child under eighteen is a tier-one sex offense. This means that your name will remain on the sex offender registry for up to ten years.

While your name is in the registry, you must update your status under the following circumstances:

  • When you change your residence, you should update your details with law enforcement.
  • You must report all your residents while registering as a sex offender.
  • You must update the status when you move to a new state.
  • You must report your location at least once every thirty days when you do not have a permanent residence.

If you face a misdemeanor conviction for annoying or molesting a child, you can request the court to exclude you from sex offender registration. However, for felony convictions, the requirement may be mandatory. Therefore, if you face charges under PC 647.6, you will need a strong legal team to help you avoid a felony conviction.

Defenses Against California Penal Code 647.6

The repercussions of your conviction for annoying or molesting a minor under the age of eighteen go beyond incarceration and fines. After serving your sentence, the conviction will remain on your record and can impact multiple aspects of your life.

Therefore, when you are charged with a crime under PC 647.6, you should be aggressive to fight the charges and secure a favorable outcome. Common defenses you could use against the charges include:

You Believed that the Accused Victim Was an Adult

California law is strict for individuals who engage in sexual acts with minors. Some conduct that attracts criminal action when performed on minors may not be a cause for concern when the involved parties are adults. You can avoid the conviction for annoying or molesting a child if you prove your reasonable belief that the victim was an adult.

You can use this argument if:

  • A relative of the alleged victim confirms that they are over eighteen years old.
  • You met the alleged victim in an establishment where minors are not allowed.
  • The alleged victim provides proof of age, which could include a fake ID or driver’s license.
  • The minor has the physical appearance of an adult.

Whether the evidence you provide is reason enough to believe that the alleged victim was an adult, the jury determines.

Lack of Direct Contact With the Minor

You cannot be found guilty of annoying or molesting a child if you do not have direct touch with the minor. If you engage in a sexually motivated act and a person under eighteen accidentally witnesses it, you will not be convicted of the offense.

Your Conduct Was Not Offensive

The prosecution must prove that you engaged in an act that a reasonable person could consider offensive. Unfortunately, an overreacting child or teenager could exaggerate the gravity of the situation to make it appear as molestation.

For example, if you brush against a teenage girl’s chest while you walk past them in a crowded area, you can be reported for molestation. However, before you can be convicted under these circumstances, the prosecuting attorney must prove that the conduct was offensive.

Your Conduct Was Not Sexually Motivated

A critical element that the prosecution must prove to establish your liability under CPC 647.6 is that your actions when you committed the crime were motivated by your sexual attraction or desire for a child. Evidence of your sexual motivation could include past reports of child molestation or convictions for sex offenses against minors on your record.

Proving that you acted with sexual interest towards a child can be challenging for the prosecution, which increases your chances of beating the charges and avoiding a conviction for annoying or molesting a juvenile.

False Allegations

Charges for a sex crime against a child have devastating effects on the defendant and their family. Unfortunately, some of these charges arise from false allegations. Anger, malice, and jealousy can drive a person to falsely accuse you of such a heinous crime as annoying or molesting a child. Another factor that could compel a person to file false claims of child molestation is seeking an upper hand in child custody battles.

The family court in California is often strict when awarding child custody and visitation. If you have a conviction for molesting a child on your record, the court could deem your home unsafe for the child, thus denying you custody. If you are a victim of false allegations, your criminal defense attorney can use different tactics to help you uncover the false accusations.

One of the tactics includes disputing the credibility of witnesses. Most cases of child molestation rely on the testimony of the victim or a close friend. If the witness has a history of lying or making false accusations, their testimony can be dismissed, weakening the prosecutor's case.

Coerced Confessions

Police officers and prosecutors have societal pressure to hold a person accountable for incidents of child molestation. This could cause the police officers to use unlawful tactics to secure a confession, including intimidation and coercion. If you prove that you were coerced into confessing to the crime, you could have the confession rendered inadmissible.

Crimes Related to Annoying or Molesting a Child Under Eighteen

Molesting or annoying a child is a severe sex crime with which you can be charged. When you face charged with this offense, the prosecutor can introduce these related charges to the case:

Lewd Acts with a Child

California Penal Code 288 makes it a crime to engage in lewd conduct with a child. Under this statute, improper conduct is contact for sexual purposes. The elements that define this crime include:

  • You engaged in a lewd or lascivious act. Such acts could include touching a child’s genitals or causing them to touch you.
  • Your acts were willful. You cannot be charged with lewd conduct if your actions were unintentional or accidental.
  • You acted with the intent of sexual arousal for gratification. You would be convicted of lewd conduct with a juvenile if your actions towards the child were motivated by sexual arousal or gratification.

Lewd conduct can be established using force or persuading the child to engage in the acts. Engaging in improper conduct with a minor is a severe felony. The penalties you face after your conviction varies depending on the victim's age and other circumstances. In addition to incarceration and hefty fines, a conviction for this offense will require you to register as a sex offender.

Contributing to the Delinquency of a Minor

You can be arrested and charged with contributing to the delinquency of a minor if you enable an individual under eighteen years to engage in delinquent acts or to become dependent on the juvenile court. The prosecutor must prove these elements beyond a reasonable doubt before your conviction:

  • You failed to perform your duties or committed an act. California law imposes a duty of care on parents and guardians of minors to protect, supervise, and control the child. Failure to perform this duty will be considered negligence and can result in criminal action.
  • You caused a child to be a truant or a dependent of the court. A child is considered a habitual truant if they constantly commit crimes or violate California law. On the other hand, a minor will become dependent on the court if they are a victim of abuse or neglect.

Contributing to the delinquency of a minor is a misdemeanor punishable by up to six months in jail. The court can also impose fines that do not exceed $2500. If you are charged with this offense, you will need the guidance of a skilled attorney.

Statutory Rape

The age of consent for any sexual act in California is eighteen years. Therefore, sexual intercourse with a person under this age is a crime charged under California PC 261.5. If you are charged with annoying or molesting a child, and there is evidence of sexual intercourse with the child, you could face statutory rape charges instead of PC 647.6. You will be found guilty of violating PC 261.5 if the following elements of the crime are clear:

  • You had sexual intercourse with someone else.
  • You were not married to the victim.
  • The victim was a minor at the time of the act

Evidence that you used force or violence against another person is not necessary to show your liability under this statute. Luring or convincing a child to engage in such an act is enough to find you guilty of statutory rape.

Statutory rape can be charged as a felony or a misdemeanor, depending on the victim’s age and other circumstances of the offense. As a felony, a conviction for the offense will see you spend a maximum of four years in prison. The court can impose formal probation and fines of up to $10,000.

A misdemeanor conviction, on the other hand, could result in a jail sentence of up to one year, misdemeanor probation, and up to $1,000 in fines.

Find a Competent Sex Crime Defense Attorney Near

California PC 647.6 makes it a crime to engage in any sexually motivated acts towards a child. Under this statute, a child is anyone below eighteen years. The age of consent for sexual acts in California is eighteen. Therefore, any sexual act involving a child under this age can result in an arrest and a criminal conviction. You annoy or molest a child by engaging in sexual behavior motivated by sexual interests in the minor. These acts could range from touching a child's genitals to speaking to a minor in sexual language.

Depending on your criminal history and the exact sexual act in which you engaged, annoying or molesting a minor can attract felony or misdemeanor charges. Regardless of the nature of your conviction, a conviction under this statute carries severe criminal consequences. Fortunately, your arrest does not have to end with a conviction. With expert legal guidance, you could battle the charges to avoid the harsh consequences of a conviction for this crime.

You will benefit from our top-notch legal insight and representation at California Criminal Lawyer Group if you or a loved one faces charges for violating PC 647.6 in Fresno, CA. Call us today at 559-712-8377 and allow us to guide you through your case.