Annoying Or Molesting A Child: Penal Code § 647.6 PC

Annoying or Molesting a Child: The Serious Consequences of PC 647.6

You’re probably here because either you or someone close to you has been accused of annoying or molesting a child under California’s Penal Code 647.6. We get it – this is an incredibly stressful and emotional situation. Charges involving harm to minors are taken extremely seriously by prosecutors and judges.But take a deep breath. Our experienced criminal defense attorneys at Federal Lawyers have successfully defended countless clients against charges like these. We understand the nuances of PC 647.6 and how to build a strong defense strategy tailored to your unique circumstances.So what exactly constitutes “annoying or molesting” a child? What are the potential penalties if convicted? And what defenses might apply in your case? Let’s dive in, but remember – the best way to protect your rights is to contact us at 212-300-5196 for a free and confidential case evaluation.

What is Penal Code 647.6?

California Penal Code 647.6 makes it a crime to annoy or molest any child under 18 years old. The key elements are:

1. Engaging in conduct motivated by an unnatural or abnormal sexual interest in the child
2. Which annoys, molests, or injures the child or puts them in a situation where their person or health may be endangered

It doesn’t require any actual physical contact or intent to commit a sexual act. Simply making sexually motivated annoying or disturbing comments or gestures towards a minor can violate PC 647.6.Here are some hypothetical examples that could potentially violate the statute:

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Legal Scenario: What Would You Do?

Scenario

You were at a public park watching your nephew play soccer when a parent reported you to police for allegedly making inappropriate comments to several children near the playground. You've now been charged under Penal Code 647.6 even though you believe the interaction was completely innocent.

Can I really be charged with annoying or molesting a child under PC 647.6 when I never touched anyone?

Attorney's Answer

Yes — PC 647.6 does not require physical contact. The statute criminalizes conduct directed at a child that is motivated by an unnatural or abnormal sexual interest, and prosecutors only need to show that your behavior would objectively disturb or irritate a reasonable person. However, the prosecution must prove beyond a reasonable doubt that your actions were motivated by that abnormal intent, which is often the weakest part of their case. A strong defense will challenge the witnesses' interpretation of events, establish innocent context for your presence and statements, and may pursue dismissal if the evidence of improper motivation is purely speculative.

This is general information only. Contact us for advice specific to your situation.

• A 40-year-old man repeatedly drives by a middle school and honks/waves at students in a sexually suggestive manner
• Someone exposes themselves or masturbates in front of a child
• Sending explicit messages or nude photos to a minor over social media
• Making lewd comments about a child’s body or sexual development