The legal system in California takes the crime of annoying or molesting a juvenile seriously. This offense is covered under Penal Code 647.6. It encompasses discourse or expressing sexual acts to a child or several minors. You can face severe penalties for this offense even if there was no sexual contact between you and the minor. A conviction under Penal Code 647.6 can also have a negative impact on your future life. If the prosecutor accuses you of this crime, consult a reputable criminal defense attorney. An attorney can help you obtain a fair outcome for your case. The CCLG: Los Angeles Criminal Attorney has a competent team of attorneys that is ever ready to help you navigate the justice system.
Annoying Or Molesting A Child Explained
It is an offense under Penal Code 647.6 to annoy or molest a minor under 18 years. This law outlines the following elements:
Conduct Directed At A Child
You must have engaged in behavior directed at a minor below 18 years.
Physical Contact Not Necessary
A violation of Penal Code 647.6 does not necessarily involve physical contact with a child. Non-physical contact, like verbal comments or certain gestures, can attract a conviction if they are considered sexual.
Irritation or Disturbance
Your conduct must be irritating, disturbing, or offensive to a normal person. A ‘’reasonable person’’ is used as a standard under this law to ascertain if the conduct is deemed annoying or molesting.
A Minor’s Awareness
You can face the charges under Penal Code 647.6 even if the minor is not aware of your behavior. The judge can also convict you under this law even if you do not annoy or molest the minor. What is often considered is the nature of your act and its potential to annoy or molest a minor.
Sexual Motivation
Your behavior must be triggered by an abnormal or unnatural sexual interest in the child. According to Penal Code 647.6, not every act can annoy or irritate a minor. Your behavior must be sexually motivated.
Some of the examples include:
- Frequently presenting unwanted and suggestive gifts to the minor in your neighborhood — This act can fall under this law if it is done with a sexual motivation.
- Following young women and making inappropriate comments about their dressing or body — This behavior will be considered annoying or molesting under Penal Code 647.6
- Physical proximity without touching a minor — You could be guilty under this law if you stand close to a minor and make them uncomfortable, even if you do not touch the minor.
- Staring at a minor playing in your neighborhood from your window and frequently making blowing kisses gestures at them — This can be deemed annoying or molesting a minor under Penal Code 647.6.
- Sending explicit and unlawful messages to a minor below 15 years on a social media platform — Your actions are a violation of this law, even without physical interaction.
- Frequently visiting a local park and making lewd comments to children regarding their appearance — Even if you do not touch them, your conduct can be considered annoying or molesting because of its sexually motivated nature.
Penalties For Annoying or Molesting A Child Under 18
The court can impose severe penalties on you for annoying or molesting a child under 18 years old. The justice system in California is committed to protecting children from any harm or unlawful behavior. You can face a misdemeanor charge for violating Penal Code 647.6 for the first time. This offense could attract these penalties:
- A fine of not more than $5,000
- A jail term that does not exceed one year in a county jail, or
- Probation that is accompanied by conditions like mandatory counseling or therapy. However, you will only serve probation if there are no aggravating factors. The judge will evaluate the facts of your case to determine your criminal record. This will also be used to establish if you are a danger to the community. The judge’s ruling cannot be changed until a hearing is set to look into the adjustments based on the best interests of the minor. You may also be barred from contacting the minor.
If you have a previous conviction under Penal Code 647.6 or any sex-related crime involving a child, your penalties will increase. This offense may result in misdemeanor or felony charges. If charged with a misdemeanor, you will face fines and a jail term that does not exceed one year in a county jail. A felony charge can attract a jail term of two, four, or six years in a state prison.
The judge can also impose more severe penalties if your offending behavior involved actual contact with the minor, even if the touch was not inherently sexual.
Sex Offender Registration
The most severe penalty you can face for any sex-related offense in California is to register as a sex offender. This is one of the penalties listed under the law for people who are convicted of annoying or molesting children. Your crime will fall under tier one offense if you are a first-time offender, with a prison sentence and the requirement to register as a sex offender for ten years. The court will consider your offense a tier two crime if it is a second or subsequent crime. This can attract a sex offender registration order for a period that does not exceed 20 years.
Your sex offender registration information will be posted online. Any person can search your record to establish if you are listed in the sex offender registry. You should challenge this conviction immediately with the help of a skilled criminal attorney because it could have adverse effects on your life.
The Senate Bill enacted a tier three registration system for sex offenders. Offenses like molesting a minor triggered a lifelong requirement to register as a sex offender before the enactment of this law. Today, only offenses that fall under tier three crime are subject to lifelong registration.
Your criminal defense attorney can negotiate with the court to have you exempted from the sex offender registration if you have been convicted of a misdemeanor offense. However, you must register until you secure a rehabilitation certificate. Sometimes, you can be ordered to register as a sex offender for a period that does not exceed ten years before you are allowed to stop registering.
Apart from the formal legal penalties, a conviction under Penal Code 647.6 can have long-term effects on your personal and professional life. This can include potential impacts on child custody arrangements, strained personal relationships, damage to one’s reputation, and difficulty in securing employment.
Defenses To Penal Code 647.6 Charges
You can present various defense strategies against your Penal Code 647.6 charges. It is good to prioritize hiring a competent criminal defense attorney. Your attorney will review your charges and develop the most effective defense strategy to fight your charges. Some of the defenses you can present against your Penal Code 647.6 charges include:
Illegal Search or Seizure or Miranda Violations
The police can gather crucial evidence, such as recordings, messages, phones, and statements, by violating the Fourth Amendment of the U.S. Constitution. A Miranda violation is a viable defense that you can use to challenge the admissibility of the evidence in a Penal Code 647.6 case. It is not a defense to the offense itself, but rather a way to prevent the prosecutor from using incriminating statements you made. Any statement you make will be inadmissible in court if the law enforcement fails to issue you a Miranda warning. A Miranda violation is used as a defense to file a motion to suppress evidence.
The prosecutor’s case will be significantly weakened if the key statements are suppressed. This can potentially lead to dismissal or reduced charges.
Mistaken Identity
Mistaken identity is a defense commonly used to fight annoying and molesting charges. A person can misidentify you for an offense. With the help of an experienced criminal defense attorney, you can allege that you did not commit the crime. The court can drop or reduce your charges if your attorney convinces the judge that you are a victim of mistaken identity.
Lack Of Authenticity Of The Witness Or Victim
In most cases involving the annoyance or molestation of a minor, absent confessions are common. The authenticity of the witnesses and the victim often determines the outcome of these cases. Having a competent attorney is vital to challenge the authenticity of the witnesses in the following ways:
- Interviewing the victim’s close friends and family members
- Examining phone calls, medical records, text messages, emails, and social media accounts of the victim’s friends and family members
Your attorney can highlight evidence about the victim’s record using this strategy. An attorney can also identify fabricated information and deceit.
Using A Polygraph Test
Many offenders are charged with crimes they did not commit. The legal system in California takes sex offenses seriously. Sometimes, sex offenses attract prolonged jail terms even when there is not enough evidence against you. Your attorney can carry out a private polygraph test and provide the results as evidence to dismiss your charges if he/she believes you did not commit the offense. This defense can only be admissible in court if you pass the test.
The FBI and law enforcement are often linked with polygraph tests. You should hire an experienced polygrapher for the reports to be admissible in court. Your criminal defense attorney can present the test outcome in court if they believe it favors you. Not all results are acceptable in court. A good criminal defense attorney will convince the judge to dismiss or reduce your charges.
Not Enough Evidence
Sometimes, the prosecutor can lack enough evidence to support the case against you, even if you are accused of annoying or molesting a minor under 18 years old. The judge will likely admit evidence and sentence you based on it if the prosecutor provides convincing evidence, like footage or photographs, showing you molesting a minor. The court can reduce or drop your charges if the prosecutor fails to provide enough evidence to support the allegations against you.
Your Action Was Not Motivated By Sexual Interest
The prosecutor must provide sufficient evidence to show that your conduct was triggered by a desire to engage in a sexual act with a minor. You will not face charges under Penal Code 647.6 if the prosecutor fails to provide substantial evidence. Sometimes, a witness can misinterpret your behavior to show that you were sexually attracted to the minor. The truth is that some people behave in a certain way for various reasons. A person can misinterpret your motive, assuming that you had sexual intent. In this case, you will not be guilty of annoying or molesting a minor below 18 years. The court will reduce or drop your case based on your defense.
Your Civil Rights Violation
You can allege an infringement of your civil rights if the law enforcement arrests you on the claims of annoying or molesting a minor under 18 years. For example, the arresting officer can force you to confess to a crime you did not commit. In this situation, the judge will consider police misbehavior. Your attorney can allege that the law enforcement denied you access to legal representation until you admitted to the offense. The court will reduce your charges if your argument convinces the judge.
How Hiring An Experienced Criminal Can Be Beneficial To Your PC 647.6 Charges
The following are some of the benefits of hiring a reputable attorney for your PC 647.6 charges:
Handling All Legal Aspects
Your attorney will handle all aspects of your charges, from filing essential legal documents to representing you in court. This will help you concentrate on your personal life while the attorney manages the legal complexities.
Ensuring A Fair Trial
Your attorney will aggressively represent you in court if your case goes to trial. He/she will present your case effectively, contest the prosecutor’s evidence, and advocate on your behalf to ensure you obtain a favorable outcome.
Emotional Support And Guidance
Facing charges of annoying or molesting a child under 18 can be emotionally draining. A conviction can also have a negative impact on your personal and career life. The attorney will offer you support and reassurance, guiding you through the legal process with empathy and professionalism.
Minimizing Legal Repercussions
A conviction for annoying or molesting a child can attract serious repercussions. Some of the consequences include a permanent criminal record, fines, and a jail term. Your attorney will fight to minimize these repercussions. The attorney will use all available means to have your charges reduced. Additionally, the attorney can negotiate plea deals or pursue other sentencing options.
Strategic Defense Planning
Your attorney will work closely with you to develop a comprehensive defense strategy tailored to your specific charges. This will include collecting and analyzing evidence, interviewing witnesses, and identifying any defense strategies that can apply to your charges. The primary goal of the attorney is to develop a solid defense that can address the charges against you.
Protecting Your Rights
Facing charges of annoying or molesting a child under 18 can be stressful and overwhelming. Your attorney will work to protect your rights throughout the legal proceedings. The attorney will guide you during police interrogation, court appearances, or in negotiating with the prosecutor. Additionally, your attorney will ensure that you are treated fairly and your constitutional rights are protected.
Expert Legal Guidance
Most attorneys understand the intricacies of the California law regarding accusations of annoying or molesting a child under 18 years. Your criminal attorney will provide you with clear and knowledgeable guidance on how to handle your case. This will be from understanding the legal definitions to navigating court proceedings.
Related Offenses
Annoying or molesting a child under 18 can be charged alongside the following offenses:
Lewd Acts With A Child – Penal Code 288
You can be guilty of lewd and lascivious acts with a minor under PC 288 if you touch a minor under 14 years for sexual purposes. This offense is also known as child molestation. However, you can only face charges under this law if the prosecutor proves the following elements:
- You touched a minor or fondled their sexual organ
- You molested a minor
The court can also convict you of lewd acts even if:
- You touched the minor through their clothing
- You made the child do the touching
- Your touch was not on a sexual organ
The court can convict you under PC 288 based on the following factors:
- The age of the minor
- If you executed the lewd act by force, violence, coercion, or threats
- If there was a pattern of lewd acts
- If the minor is 14 or 15 years younger than you
Violating PC 288 can attract the following penalties:
- You could face a jail term of three, six, or eight years in a state prison if a minor involved is below 14 years and you committed the act without force. The judge can also impose a fine that does not exceed $10,000 and formal probation.
- The court can impose a fine that does not exceed $10,000 if the minor involved is below 14 years and you committed the act using force. This crime can also attract a jail term of five, eight, or ten years in a state prison.
- Molesting a minor aged 14 or 15, and you are ten years old, can attract a jail term of one, two, or three years in a state prison. The judge could also order you to pay a fine that does not exceed $10,000.
- The court can also order you to register as a sex offender
Some of the defenses you can present to fight PC 288 charges include:
- You accidentally touched the minor
- There was contact, but you did not intend to sexually arouse the minor
- Perpetrator substitution
- You are a victim of mistaken identity
Sending Harmful Messages To Seduce A Minor – Penal Code 288.2
It is an offense under PC 288.2 for you to exhibit, distribute, or send obscene or harmful messages to a child under 18 years to arouse them or make the child engage in a sexual act. This statute requires the prosecutor to prove the following elements for you to face criminal charges:
- You exhibited, distributed, or sent willfully dangerous messages to a child
- You knew when you acted that the target victim was a child, or you never took reasonable care to establish the child’s age.
- Your aim in sending the message was to arouse the lust, passions, or sexual desire in yourself or the child.
- Your intention while sending the messages was to engage in sexual intercourse and oral copulation with the child.
Violation of PC 288.2 is often charged as a wobbler offense. The court can convict you of a misdemeanor or a felony. A misdemeanor can result in a jail term of up to one year in a county jail and a fine of up to $10,000. On the other hand, a felony can attract a jail term that does not exceed three years in a state prison. The court could also impose a fine that does not exceed $10,000. A felony is also considered a tier three offense that will require you to register as a sex offender for life.
The following are some of the defenses you can present against your PC 288.2 charges:
- You had no criminal intent
- No harmful material
- You are a victim of a false accusation
Find An Experienced Criminal Defense Attorney Near Me
Any allegation that you were involved in annoying or molesting a minor can have a negative influence on your life. Molesting a minor is a serious offense that can attract severe penalties if you are convicted. Consult an experienced legal team if you are under investigation or arrested for violating PC 647.6. Early intervention with the police and the prosecutor can help you secure a favorable outcome. The CCLG: Los Angeles Criminal Attorney has a top-ranked legal team of attorneys that is ever ready to help you. Through prefiling intervention, we can help you avoid formal charges being filed against you. If your case proceeds to trial, we will guide you through the process and negotiate for the best possible outcome. We have helped many defendants facing criminal charges under PC 647.6, and we can do the same for you. Call us today at 323-922-3418 to speak to one of our attorneys.
