Criminal Defense Lawyers

Penal Code § 647.6 PC – Annoying or Molesting a Child Under 18

Penal Code § 647.6 PC – Annoying or Molesting a Child Under 18

Are you or a loved one facing charges under California Penal Code 647.6 PC for annoying or molesting a child under 18? If so, you’ve come to the right place. At Spodek Law Group, we understand how terrifying and overwhelming these types of allegations can be. Our experienced criminal defense attorneys are here to help guide you through this difficult time and fight for your rights.

What Exactly is Penal Code 647.6 PC?

Penal Code 647.6 PC makes it illegal to annoy or molest any child under the age of 18. Now, you may be wondering – what exactly does “annoy or molest” mean in this context? It’s not as straightforward as you might think.Under this law, “annoying or molesting” a child means engaging in behavior that:

• Is motivated by an unnatural or abnormal sexual interest in the child
• Would irritate, disturb, or bother a normal person
• Is directed at a child

Here’s the important thing to understand – no physical contact or touching is required to violate this law. Even seemingly innocent behavior could potentially lead to charges if it’s motivated by sexual interest in a minor.Some examples of conduct that could violate PC 647.6 include:

• Making lewd comments or gestures to a child
• Repeatedly driving by a school to watch children
• Engaging in inappropriate conversations with a minor online
• Exposing oneself to a child

As you can see, this law casts a pretty wide net. That’s why it’s so crucial to have an experienced attorney on your side if you’re facing these types of charges. We’ve defended countless clients against PC 647.6 allegations and know how to build a strong defense.

Penalties for Violating Penal Code 647.6 PC

The penalties for annoying or molesting a child under PC 647.6 can be quite severe, depending on the specific circumstances. Let’s break down the potential consequences:

First Offense (Misdemeanor)

For a first offense with no aggravating factors, PC 647.6 is typically charged as a misdemeanor. Penalties may include:

• Up to 1 year in county jail
• Fines up to $5,000
• Summary probation
• Mandatory sex offender registration

“Wobbler” Offense

In some cases, violating PC 647.6 can be charged as a “wobbler,” meaning it could be prosecuted as either a misdemeanor or felony. This applies if you:

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2024-03-18

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2024-03-15

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• Entered an inhabited dwelling without consent to commit the offense
• Have a prior conviction for PC 647.6 or certain other sex crimes

As a felony, penalties increase to:

• 16 months, 2 years, or 3 years in state prison
• Fines up to $10,000
• Formal probation
• Mandatory sex offender registration

Felony Offense

Certain aggravating factors will automatically make violating PC 647.6 a felony, including:

• Having a prior felony conviction for specified sex crimes
• Having multiple prior PC 647.6 convictions

Felony penalties in these cases can include:

• 2, 4, or 6 years in state prison
• Fines up to $10,000
• Formal probation
• Mandatory sex offender registration

As you can see, the stakes are incredibly high when it comes to PC 647.6 charges. Even a misdemeanor conviction can have life-altering consequences. That’s why it’s absolutely crucial to have a skilled defense attorney in your corner.

Legal Defenses to PC 647.6 Charges

While PC 647.6 charges are very serious, there are a number of potential legal defenses that an experienced attorney can raise. Some common defenses we’ve successfully used for our clients include:

Lack of Sexual Motivation

To violate PC 647.6, the conduct must be motivated by an unnatural sexual interest in children. If we can show your actions were not sexually motivated, that’s a strong defense.For example, let’s say you’re a teacher who put your hand on a student’s shoulder to comfort them when they were upset. Even if the student or their parents found it disturbing, it likely wouldn’t violate PC 647.6 if there was no sexual motivation.

False Accusation

Unfortunately, false accusations of child molestation are not uncommon, especially in contentious divorce or custody battles. We’ll thoroughly investigate the accuser’s background and motivations to uncover any evidence of fabrication.

Mistaken Identity

In some cases, the alleged victim may have misidentified the perpetrator. We’ll carefully examine any eyewitness testimony or physical evidence to look for inconsistencies.

No Reasonable Person Would be Disturbed

Remember, the conduct must be something that would irritate or disturb a normal, reasonable person. If we can show that a reasonable person wouldn’t find the behavior annoying, that’s a valid defense.

Lack of Intent

PC 647.6 requires that you acted willfully and purposefully. If your actions were accidental or unintentional, you shouldn’t be convicted under this statute.

Violation of Constitutional Rights

If police violated your constitutional rights during the investigation or arrest – for example, by conducting an illegal search – we may be able to get key evidence thrown out.These are just a few examples of potential defenses. Every case is unique, which is why it’s so important to have a knowledgeable attorney carefully evaluate the specifics of your situation.

How Spodek Law Group Can Help

At Spodek Law Group, we have extensive experience defending clients against PC 647.6 and other sex crime charges. We understand how devastating these allegations can be and the impact they can have on every aspect of your life.When you work with our firm, you can expect:

• A free, confidential case evaluation to discuss your situation
• Aggressive defense strategies tailored to the specifics of your case
• Thorough investigation to uncover exculpatory evidence
• Skilled negotiation with prosecutors to get charges reduced or dismissed when possible
• Fierce courtroom advocacy if your case goes to trial

We know the prosecutors and judges who handle these cases and understand how to effectively navigate the system. Our goal is always to achieve the best possible outcome for our clients.Don’t try to face PC 647.6 charges alone. The stakes are simply too high. Contact Spodek Law Group today at 212-300-5196 to schedule your free consultation. Let us put our knowledge and experience to work for you.

Frequently Asked Questions About PC 647.6

Here are some common questions we often receive about Penal Code 647.6 charges:Q: Do I have to register as a sex offender if convicted under PC 647.6?A: Yes, a conviction for annoying or molesting a child under PC 647.6 requires mandatory sex offender registration. This is true even for misdemeanor convictions.Q: Can I be charged under PC 647.6 if the minor consented?A: Yes. The consent of the minor is not a defense to PC 647.6 charges. The law assumes that children under 18 cannot legally consent to sexual conduct with adults.Q: What if I didn’t know the person was under 18?A: Mistake of age is generally not a defense to PC 647.6 charges. However, if you had a reasonable, good faith belief that the person was 18 or older, that could potentially be a defense in some cases.Q: Can I be charged under PC 647.6 if there was no physical contact?A: Absolutely. PC 647.6 does not require any physical touching. Even verbal conduct or gestures could potentially violate this law if sexually motivated.Q: How long do prosecutors have to file charges under PC 647.6?A: The statute of limitations for most PC 647.6 violations is 3 years from the date of the alleged offense. However, in some cases involving very young victims, charges can be filed up until the victim’s 40th birthday.If you have any other questions about PC 647.6 charges, don’t hesitate to reach out to our office. We’re always here to help.

The Importance of Experienced Legal Representation

When facing charges as serious as annoying or molesting a child, having the right attorney can make all the difference. At Spodek Law Group, we have a proven track record of successfully defending clients against PC 647.6 and other sex crime allegations.Our founding attorney, Todd Spodek, has been recognized as one of the top criminal defense lawyers in New York. He’s been featured on major news outlets like Fox News and the New York Post for his work on high-profile cases.We understand the nuances of sex crime laws and know how to build strong, effective defenses. Our team will leave no stone unturned in fighting for your rights and freedom.Don’t let PC 647.6 charges derail your entire future. Contact Spodek Law Group today at 212-300-5196 to schedule your free, confidential consultation. We’re available 24/7 to take your call and start working on your defense.Remember, an accusation is not the same as a conviction. With the right legal team on your side, it’s possible to beat these charges and move forward with your life. Let us put our knowledge, experience, and resources to work for you.

Conclusion

Facing charges under Penal Code 647.6 PC for annoying or molesting a child is an incredibly stressful and frightening experience. The potential consequences of a conviction are severe and long-lasting.But you don’t have to face this difficult situation alone. At Spodek Law Group, we have the knowledge, experience, and dedication to provide you with top-notch legal representation. We’ll fight tirelessly to protect your rights and achieve the best possible outcome in your case.Don’t wait to get the legal help you need. Contact Spodek Law Group today at 212-300-5196 to schedule your free consultation. Our compassionate team is standing by to listen to your story and start building your defense. Remember, your future may depend on the actions you take right now. Let us help you navigate this challenging time and work towards a brighter tomorrow.