California has strict laws intended to protect minors, anybody under 18 years. Such a law is California PEN 647, enforced to prevent any acts that would cause the annoyance or molestation of children. Although the lack of physical contact with a child makes this crime seem less serious, the state imposes harsh penalties on the offenders, including jail time and hefty fines.

 Due to the complexity of the provisions of this offense, a person could be detained and prosecuted for annoying or molesting a child even when they had no intention of doing so. At the California Criminal Lawyer Group, we provide reputable criminal defense counsel to defendants facing such criminal charges. Our Santa Ana sex crimes attorneys can work to have the court lessen or dismiss your charges.

What It Means to Annoy or Molest a Child Under California Laws

 California law covers different types of sex offenses. The majority of these violations involve the defendant having bodily contact with his/her victims. However, to annoy or molest a child does not require physical contact to be considered a criminal act. This crime can be committed simply by using sexually inappropriate language toward a minor.

 According to California law, annoying or molesting a minor is a violation of PEN 647.6. This law defines annoyance or molestation as sexually driven acts done to annoy or upset somebody else. If this behavior is aimed toward an individual below 18 years, the perpetrator can be charged and could spend a significant amount of time in jail.

 Let's get started by taking a closer look at each element of this offense. These are the elements that must be shown beyond a reasonable doubt for the prosecution to succeed in convicting the defendant. They include the following: 

  • The offender behaved in a way likely to upset a minor under 18 years.
  • The offender's actions were driven by their sexual interest in their victim.

It's not entirely obvious from the definition what exactly is meant by molesting or annoying a minor. To get a deeper understanding of this concept, let's first break down its key elements. 

Conduct Likely to Upset a Minor

 The sort of conduct that constitutes annoyance or molestation to a juvenile is clearly defined in PEN 647.6. Firstly, the conduct needs to be steered by the offender's sexual interest in the minor. Additionally, it is conduct that violates the child's sense of privacy and safety. As a result, it belongs to the category of crimes for which there is a standard punishment.

 It indicates that even though the defendant had no intention for their actions to be vulgar or lewd, they could still be charged with a violation. Also, an act that one person considers affectionate could be construed as inappropriate and a contravention of the criminal code if another person is annoyed as a result of the action.

 It is important to remember that even though the offender did not target any particular child or children before committing the act, they would still be convicted for their actions. They will be held accountable for breaking this statute if their actions stem from an unusual or inappropriate interest in sex with children.

 The child doesn't have to be irritated by the behavior. The court's attention will be on the actions taken and not the consequences of that action. The perpetrator will be convicted for violating PEN 647.6 if the prosecuting attorney can prove that their actions could annoy the average individual and violate a child's privacy and safety. Even if there was no proof that the defendant's behavior irritated a kid at the moment the act was committed, the conviction will stand.

 As was said before, unlike other sex offenses in California, violating this portion of legislation does not need making bodily contact with the minor. If all the aforementioned criteria are met, a person can be prosecuted for molesting or annoying a minor simply by making a statement that does so.

 The defendant will violate this law if they intended for indirect sexual conduct, such as masturbating, to be witnessed by the minor.

 The Desire to Engage in Sexual Activity With a Minor(S) Should Be the Motivating Factor Behind this Act

 Offenders who display an unusual or inappropriate urge for sexual relations with children are more likely to be charged with the annoyance or molestation of a child for sexual purposes. Remember that this doesn't mean that the accused person had any intention of seducing the child.

 This provision of the law does not apply to an offender whose behavior the court sees was prompted by another factor than sexual desires with the child. The perpetrator in this instance won't be convicted of this charge if the kid unexpectedly saw or heard something that they weren't supposed to hear or see.

 Thus, it’ll be the duty of the prosecution to ascertain the perpetrator's intent to back up the allegations. They could validate this by: 

  • Investigating the offender's history of behavior toward any minors with whom they have had contact.
  • Investigating the context of the alleged action including the circumstantial evidence provided.

One of the difficulties with prosecuting this type of crime in California is the fact that it is hard to prove someone's intentions. This implies your lawyer can easily dispute the prosecution's claims if you've been charged with molesting or annoying a child.

Penalties For Molesting or Annoying a Child Under 18

Annoying or molesting an underage person is a severe crime since it belongs to the category of sexual offenses, which constitutes some of the most serious acts that can be committed in California. The laws of California protect children because they are a vulnerable group of individuals who are unable to defend themselves against different forms of abuse.

California has strict regulations that make sure individuals who take advantage of minors are harshly penalized for their actions. A person accused of violating PC section 647.6 is subject to both felony and misdemeanor charges. The consequences will be determined by the facts along with any previous convictions you may have.

If there are no aggravating factors, California PEN 647.6 will be prosecuted as a misdemeanor. Aggravating factors are the elements that could increase a criminal offender's penalties. The following are the legal penalties you might receive if you're found guilty of annoying or molesting a child under the age of 18: 

  • Not more than one year in jail.
  • A $5,000 maximum fine.

In California, this is typically a wobbler. Based on the type of crime committed, the perpetrator could be convicted of a misdemeanor or a felony. A wobbler occurs when the perpetrator enters any of the aforementioned areas without permission and then annoys or molests a child. 

  • An occupied home.
  • An inhabited area of another building.
  • A trailer home.

If the prosecutor decides to prosecute you with a misdemeanor or felony, they will take into account several factors surrounding your case. These include your past convictions and the likelihood that you pose a risk to young people. If you are found guilty of a misdemeanor after taking these factors into account, the penalties imposed will be similar to those previously mentioned. 

Penalties for a felony charge are harsher than those for a misdemeanor charge. If any of the following apply, a defendant could face felony charges for the molestation or annoyance of a child: 

  • He or she has been previously convicted of the same offense on multiple occasions. If so, the perpetrator faces a three-year maximum prison sentence.
  • He or she has been found guilty previously of certain sex-related offenses. The prosecution will seek a felony conviction regardless of whether or not this is the defendant's first offense, under California PEN 647.6.

Other sex-related crimes that could increase the severity of your offense include the following: 

  • Raping a child younger than 16 years old, as defined under California Penal Code Section 261.
  • Continuous sexual harassment of a juvenile as defined under California code section 288.5.
  • Lewd behavior with a child, as defined under California PEN § 288.
  • Child pornography offenses as defined under section 311.4 of the California Penal Code. 

Here, the perpetrator is most likely to receive a two, four, or six-year prison sentence.

Probation for Offenders Under PEN 647.6

Probation is sometimes used by the courts as an alternative to incarceration. It is important to keep in mind that the judge will only sentence a defendant to probation if they believe that the perpetrator is not a threat to the public. 

In determining whether to grant you probation, the court will also take into account your criminal record and the specifics of the case. Based on their conviction, defendants in California are generally eligible for one of two types of probation: 

Misdemeanor Probation

A misdemeanor probation usually lasts between one and three years, but it occasionally can last up to five years. Offenders placed on probation by the court must adhere to the terms of their sentence to remain free from jail or prison while serving their sentence. The conditions involve carrying out volunteer work in the community and, if necessary, paying penalties and reparation to the victim. 

If a person is put on probation for a misdemeanor, the court will compile assessments on their advancement, thus the defendant will need to make regular court appearances.

Felony Probation

Felony probation often lasts between three and five years. For the accused to be permitted by the judge to serve out a portion of their term outside of jail, there are also a few requirements that need to be fulfilled. They include: 

  • Meeting the court-appointed probation officer.
  • Providing their victim with restitution.
  • Compliance with any additional court-imposed conditions. 

In certain cases, the perpetrator may have to serve at least a year of their term in prison before being placed on probation. If the probationer breaches any of its terms, the court has the authority to terminate it and send the offender to custody for the entire period specified by the legislation as per the crime committed. 

A court may order counseling as part of the probation for a violator of California Penal Code § 647.6 under the two probationary terms. Keep in mind that the court may prohibit you from communicating with the victim at any time throughout your probationary period. This limitation cannot be changed until one of the following situations occurs: 

  • The victim specifically requests it.
  • The court determines that altering the condition is in the victim's best interests.

 Registering as a California Sex Offender

The court could also require you to be registered as a sex crime offender, which is the harshest punishment you can receive in California. Regrettably, this is among the legal consequences for those prosecuted for annoying and molesting children.

If you commit the crime for the first time, you will be charged under tier-one offenses which carry a registration requirement of 10 years for sexual offenders. Subsequent convictions are charged under tier-two offenses, which carry a 20-year sex offender registration requirement.

 The general public often has access to information on sex offenders registered in California. It suggests that anybody can conduct a criminal record check to see whether the defendant is named in the California sex crime offender registry. Since the repercussions could have a significant impact on many facets of your life, you should make a strong effort to dispute your allegations.

 The three-tier system of registry for sexual offenders was created by a senate bill in California. Before the enactment of this bill, crimes like sexually abusing children came with a mandatory lifetime registration as sex offenders. Only crimes ranked as tier three crimes today carry lifelong registration as a punishment.

 You could petition the judge to remove you from this registry if you've been found guilty of a misdemeanor violation. You might have to keep registering, nevertheless, until the judge issues a certificate of rehabilitation.

 The perpetrator might be required to register themselves as sex offenders for 10 years under specific circumstances before the court allows them to stop enlisting.

Defending Against PEN § 647.6 Charges

 Each PEN 647.6 offense is unique, and each PEN 647.6 legal defense is unique as well. Having said that, several defenses happen to be more frequently used in response to allegations of annoying or molesting children. These defenses include—but are not limited to:

 The Principal Witness or the Complainant Is Not Reliable

 In California, accusations of molesting minors are serious, yet it could be challenging for the prosecution to establish guilt. That gives your attorney a chance to challenge the accuser's or key witness's credibility.

 Keep in mind that for the defendant to be convicted during a proceeding, all of the components of the charge must be established. The court could dismiss your accusations if it determines that the accused or witness can't be trusted entirely.

 Criminal defense lawyers have the necessary training to handle these situations in a way that protects the rights of their clients. For example, your attorney could examine the complainant's or witness's files to determine whether the charges are credible enough to lead to the conviction of their client.

 Examples of such files are healthcare information, counseling files, emails, and social media profiles. Interviews with family, friends, coworkers, or classmates of the complainant or key witness could be conducted.

 With this, the presiding judge can now determine whether to believe their version of what occurred after thoroughly investigating their history. The court could dismiss the case if the accused or key witness has a history of lying or has a personal vendetta against the alleged offender.

 The Actions Weren't Roused By Sexual Desires

 Among the key features of this violation entails the fact that the perpetrator's actions are driven by the urge to have sexual relations with the minor. The prosecutor's case must satisfy this requirement for the court to have sufficient grounds to find the defendant guilty.

 Sometimes a seemingly innocent action can be taken as a sign of sexual interest in a child. Sometimes, a person’s actions could be seen as having a sexual intent even when they do not intend to.

 If that's the case, the court won't consider you guilty of molesting or annoying a child.  Depending on how you behave, the court can decide to dismiss or lessen your charges.

 ​Reasonable Mistake

 In California PEN 647.6 cases, a reasonable error in determining the victim's age can serve as a legitimate defense. For instance, if the person being accused genuinely thinks she is communicating sexually with a grownup but the supposed victim is a child, the accused can put forward an honest and reasonable error as a legal argument.

 Unlawful Search and Seizure

 According to the United States Constitution, a defendant has a right to protection from unjustified property seizures and searches. Additionally, if there's no emergency, a search warrant is normally required to confiscate the defendant's belongings.

 This implies that before authorities can seize and search the assets belonging to the defendant (such as cell phones, laptops, a home, etc.) during a PEN 647.6 case, they often need a search warrant that can be backed by reasonable cause. Any evidence that was taken during the case could be dismissed when law enforcement officers violate the defendant's constitutional rights.

 Coerced Confessions

 Since the first evidence presented in many incidents of annoying or molesting a child is weak (that is, ambiguous actions asserted on the defendant, insufficient proof of how to obtain purported sexual messages, among others), authorities will often try to secure a confession from the accused, which is typically considered substantial proof against the accused.

 The issue is that occasionally authorities will go too far in their pursuit of the defendant's confession. This overreaching can result in erroneous "confessions" if the defendant's statements were obtained coercively.

 Involuntary confessions are always susceptible to removal from evidence; nonetheless, "coerced confessions" is sometimes accepted as proof against the prisoner at trial; yet, the jury has the discretion to determine whether the statement is credible in the light of the situation.

 ​Entrapment

 In certain PEN 647.6(a)(ii) scenarios where security personnel impersonate a child victim to apprehend suspected sex offenders, law enforcement could also go too far in their pursuit of an arrest. 

If law enforcement "makes up" an incident that wouldn't have otherwise occurred or if law enforcement persuades someone to engage in a criminal act when the offender was not inclined to do so, then the authorities could have ensnared the defendant. The allegations can be dismissed if they were obtained by entrapment. 

PEN 647.6 and Other Related Charges in California 

In California, certain sex-related charges are closely tied to PEN 647.6 violations. These can be prosecuted in addition to or instead of annoying or molesting children. 

However, the offense under Section 647.6 differs significantly from the majority of the additional charges in two major ways: 

  • There is no physical contact between the offender and the child involved in the offense.
  • Seducing a minor is not included in the offense. 

The related offenses include: 

  • Spying of a minor, as defined under California PEN § 647j. Spying on someone or filming footage of them to overstep their privacy is illegal.
  • Sending the child a harmless but annoying object to seduce them, under California code section 288.2. This act is also primarily motivated by the defendant's sexual desire for children. 

Find a Sex Crimes Criminal Attorney Near Me 

If you’ve been accused of molesting or annoying a child, you're probably worried about what will happen. If you are convicted, the judge may not be lenient, and you could have to serve time behind bars. Fortunately, there is a chance for a favorable outcome, and one way to achieve this is through retaining the services of a skilled criminal defense attorney. 

Our Santa Ana attorneys at the California Criminal Lawyer Group provide clients with unparalleled legal defense services. Call us today at 714-844-4151 for more information.