35+ Years Criminal Defense Experience in California

awards

Annoying or Molesting a Child – PC 647.6

 

What is annoying or molesting a child?

Under California Penal Code section 647.6, it is illegal to annoy or molest any minor under the age of 18 while motivated by an unnatural or abnormal sexual interest in the minor. The sentencing and punishment for annoying or molesting a child can be severe in California. Thus, you need a strong defense team by your side during this difficult process.

In order to convict you of annoying or molesting a child, the prosecution must prove the following:

  1. You engaged in conduct directed at a minor AND
  2. A normal person, without hesitation, would have been disturbed, irritated, offended, or injured by your conduct AND
  3. Your conduct was motivated by an unnatural or abnormal sexual interest in the minor AND
  4. The minor was under the age of 18 years at the time of the conduct

Defenses to a charge of annoying or molesting a child under 18

Are you or a loved one facing charges of annoying or molesting a child in California? You do not have to go through this alone. Contact Wallin & Klarich today.
If you are being charged with annoying or molesting a child in California, call our attorneys today.

There are a number of defenses that a California criminal defense lawyer at Wallin & Klarich can raise on your behalf. Your attorney can argue:

  • You held a good faith belief that the victim was 18 years of age or older
  • Your conduct was not directed at a minor
  • Your conduct was not motivated by an unnatural or abnormal sexual interest in the minor
  • Your conduct would not have disturbed, irritated, offended or injured a normal person

Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a California child sexual abuse attorney at Wallin & Klarich to learn more.

Annoying or molesting a child sentencing and punishment

According to the California Penal Code section 647.6, annoying or molesting a child is a misdemeanor punishable by up to a year in county jail and a maximum $5,000 fine. However, this offense can also be charged as a felony, and you could face from 16 months to 3 years in prison in addition to a maximum $5,000 fine. There are several circumstances that can increase your sentence beyond this range:

  • Prior misdemeanor annoying or molesting conviction: If you have a prior misdemeanor annoying or molesting conviction on your record, a subsequent conviction is punishable by up to a year in state prison rather than county jail
  • Prior felony conviction for offense involving minor: If you have a prior felony conviction on your record for an any sex-offense involving a minor, annoying or molesting a child is a felony punishable by 2, 4 or 6 years in state prison
  • Registration as a sex offender: If you are convicted of annoying or molesting a child, you will be required to register as a sex offender pursuant to CA PC 290

Examples of Child Annoyance PC 647.6

  1. Peter enters a crowded supermarket and sees a 13-year-old girl with her family.  As Peter passes her in the aisle, he grabs her buttocks over her clothes and then continues on his way.  The girl screams and police are called.  The officers obtain the market’s surveillance and it tends to show that Peter intentionally reaches for the girl’s body parts.  The prosecution could charge Peter with child annoyance because the recording shows that Peter groped her body in a sexual manner and she was under 18 at the time.
  2. James sees a child on the playground at his local park and video records the child so that he may masturbate to it later.   Parents spot him recording and call the police.  Police ask him what he planned on doing with the video and he admits to being sexually turned on by the video and intended to masturbate to it later.  The prosecution could charge James with child annoyance because James admitted to recording the child due to his sexual interests and the act would offend a reasonable person even though the child was unaware of the act.
  3. Mark approaches a 16-year-old girl leaving her high school and makes sexually suggestive comments and gestures about what he would like to do with her in private.  The girl flees and calls the police.  The prosecution could charge Mark with child annoyance because Mark’s comments qualify as sexually motivated which would offend a reasonable person and the victim was under 18 years old.

Annoying or molesting a child FAQs

To help you understand the various aspects of an annoying or molesting a child charge, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can find answers to questions like:

 

 

 

Where can I find the most experienced California criminal defense attorneys?

If you are confronted with accusations of annoying or molesting a child under 18 in California, it is essential that you contact an experienced criminal defense lawyer who is familiar with such cases. With offices in Orange County, Riverside, San Bernardino, Los Angeles, San Diego, West Covina, Torrance, and Victorville, Wallin & Klarich has successfully represented clients facing annoying or molesting a child under 18 charges for over 38 years. We have the knowledge and the know-how to win your case.

Call us today at (714) 587-5749 or fill out our confidential form. We will be there when you call.

Was This Article Helpful? Please Share it.

Contact Us Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials

    "

    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All
    "

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All
    "

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All
attorneys

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
awards
Get In Touch
Contact Info
wklaw
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300
Counties

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar

Ventura

Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2020 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.
X