Annoying Or Molesting A Child: Penal Code § 647.6 PC
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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 Spodek Law Group 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:
- Engaging in conduct motivated by an unnatural or abnormal sexual interest in the child
- 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:
- 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
While the behavior has to be motivated by an abnormal sexual interest, it doesn’t require an intent to actually seduce or have sexual contact with the child. That separates it from crimes like attempted sexual assault.
Punishments for Violating PC 647.6
The punishments for annoying or molesting a child in California can be extremely severe, especially for repeat offenders or those with prior sex crime convictions. Potential penalties include:
Misdemeanor Violation:
- Up to 1 year in county jail
- Maximum $5,000 fine
“Wobbler” Violation (charged as a misdemeanor or felony):
If you entered an inhabited dwelling without consent, it can be filed as a wobbler with possible penalties of:
- Up to 1 year in county jail OR
- 16 months, 2 years or 3 years in state prison
- Maximum $5,000 fine
Felony Violation:
- If you have a prior PC 647.6 conviction, it’s an automatic felony punishable by up to 3 years in prison
- If you have a prior conviction for certain other sex offenses like rape, continuous sexual abuse of a child, or child pornography, a PC 647.6 violation is punishable by 2, 4, or 6 years in state prison
As you can see, the consequences escalate significantly for repeat offenses or combined with other sex crimes on your record. Felony convictions not only mean lengthy prison sentences, but also registration as a sex offender which can destroy employment prospects and drastically impact your life.That’s why you need to take PC 647.6 charges extremely seriously right from the start. Don’t try handling this on your own – call the Spodek Law Group at 212-300-5196 immediately to start building an aggressive defense.
Defenses Against Annoying/Molesting a Child Charges
While these charges are understandably viewed dimly by courts and prosecutors, there are still viable defenses that an experienced attorney can pursue depending on the circumstances:
No Sexual Intent/Motivation
If the alleged conduct was not actually motivated by a sexual interest in the child, it may not meet the criteria for PC 647.6. We have gotten cases dismissed by showing the client’s actions were innocent or misinterpreted.
False Accusations
Sadly, false allegations of child molestation or annoyance do occur, whether out of misunderstandings, personal vendettas, or injustice motives. We know how to identify and counter false claims with strong evidence.
Lack of Evidence
To convict under PC 647.6, the prosecution must prove beyond a reasonable doubt that you engaged in the alleged conduct with the required sexual motivation. If their evidence is lacking, we can get the charges reduced or dismissed entirely.
Mistaken Age
While no defense to the charge itself, if you can show through credible evidence that you legitimately believed the “child” was an adult, it could reduce the potential sentence.
Illegal Search/Seizure
If the police violated your 4th Amendment rights against unreasonable search and seizure in collecting evidence, that evidence could be inadmissible.Our attorneys have decades of experience analyzing every angle to craft a personalized defense strategy aimed at the best possible outcome, whether it’s getting charges reduced, dismissed, or an acquittal at trial.
Why You Need an Experienced PC 647.6 Defense Lawyer
Charges of annoying or molesting a child are a legal minefield with severe potential consequences if mishandled. This is absolutely not the type of case to trust an inexperienced public defender with.The prosecution will be aiming for the harshest possible sentence, especially if you have any prior offenses on your record. You need a skilled, aggressive defense team who specializes in sex crimes and has a deep understanding of PC 647.6 and all relevant case law.At Spodek Law Group, our attorneys have successfully defended countless clients against charges like these. We know all the prosecutorial tactics and how to counter them. We’ll pour through every shred of evidence, identify all possible defenses, and fight tooth and nail to protect your rights and future.