Child Molestation Punishment and Sentence under California Penal Code 647.6 PC
Misdemeanor annoying or molesting a child
Generally, annoying or molesting a child is a misdemeanor punishable by up to a year in county jail and a maximum $5,000 fine. However if you have a prior misdemeanor conviction for annoying or molesting a child on your record and you are convicted of a subsequent offense, your sentence will be served in state prison rather than county jail.
Felony annoying or molesting a child
If you are convicted of annoying or molesting a child and have a prior felony conviction for a sex-offense involving a minor, the crime is a felony punishable by 2, 4 or 6 years in state prison.
In addition, if you are found guilty of annoying or molesting a child after having entered an inhabited dwelling area, building or trailer coach without consent, you will be convicted of a felony punishable with a state prison sentence of 16 months, 2 or 3 years in addition to a maximum fee of $5,000.
Duty to register as a sex offender
If you are convicted of annoying or molesting a child under California Penal Code section 647.6, the court can require you to register as a sex offender per California Penal Code section 290. This duty requires you to annually update your registration with a local law enforcement agency for as long as you work, live, or attend school in California. In addition, personal information such as your name, address and photograph are released to the public via a sex offender website run by the Department of Justice. If you fail to register as a sex offender, you can face an additional criminal charge for violating Penal Code section 290. The stigma of being classified as a sex offender can be devastating for both your personal and professional life. An experienced attorney at Wallin & Klarich can vigorously fight for your chance to avoid this harmful criminal consequence.
Court options at the time of sentencing for child annoyance or molestation
If you are convicted of annoying or molesting a child, the court has discretion in determining your punishment depending on the circumstances of your case. The court has the following options at time of sentencing:
- Sentence you to one of two terms provided by law:
- Misdemeanor annoying or molesting a child: up to one year in county jail
- Felony annoying or molesting a child: 2, 4 or 6 years in state prison with prior felony sex-offense conviction involving a minor, or 16 months, 2 or 3 years in state prison if you committed the offense after having entered an inhabited area without consent
- Place you on probation and impose a sentence of up to one year in county jail
- Place you on probation with no jail time, but order you to do community service, a work release program and attend therapy
- Place you on formal probation and assign you a probation officer
- Order you to register as a sex offender pursuant to California Penal Code section 290
Probation terms for child molestation convictions
When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- Perform community service
- Attend sexual addiction or rehabilitation programs
- Random drug testing
- Random searches of your person or home
These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time allowed by law.
Finding an experienced annoying or molesting a child defense attorney at Wallin & Klarich
The sentencing and punishment for annoying or molesting a child in California can be severe and potentially life changing. If you or someone you know has been accused of this offense, you need to contact an experienced criminal defense lawyer who will carefully review the facts and the law to give you the best representation possible. With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, West Covina and Victorville, Wallin & Klarich has over 30 years of experience in defending our clients against annoying or molesting a child charges. We will carefully review the evidence against you and help you win your case.
Let us show you how we protect our own. Call us today at (877) 466-5245 or fill out our confidential form. We will be there when you call.