Annoying or Molesting a Child Under 18 (Penal Code § 647.6) in California

Being charged with annoying or molesting a child under California Penal Code § 647.6 is a serious situation requiring immediate legal attention. Despite its name, this charge doesn’t necessarily involve physical contact—it covers a broad range of behaviors that can lead to misdemeanor or felony charges.

At David P. Shapiro Criminal Defense Attorneys, we’ve defended many San Diego clients facing these allegations. If you’re under investigation or have been charged, understanding what you’re up against is essential to protecting your rights and future.

What Is Penal Code § 647.6?

California Penal Code § 647.6 criminalizes annoying or molesting any child under 18 years of age. Despite the terms “annoying” and “molesting,” this statute addresses a specific type of conduct that isn’t necessarily what many people might assume.

The law targets conduct that:

• Is directed at a child under 18
• Would irritate, disturb, or bother a normal person
• Is motivated by an unnatural or abnormal sexual interest in the child

One of the most important aspects to understand about PC § 647.6 is that it doesn’t require physical contact. The crime focuses on behavior motivated by sexual interest that would disturb or irritate a reasonable person.

Different Violations Under PC § 647.6

The statute covers several different scenarios, each with their own elements and penalties:

Basic Violation (PC § 647.6(a)(1))

The standard violation involves annoying or molesting an actual child under 18, motivated by an unnatural or abnormal sexual interest in children.

Attempted Violation with an Adult Decoy (PC § 647.6(a)(2))

This section covers situations where someone, motivated by sexual interest in children, engages in conduct with an adult whom they believe to be a child under 18. This section is often applied in sting operations where law enforcement officers pose as minors online.

Violation After Entering a Dwelling Without Consent (PC § 647.6(b))

This enhanced charge applies when the violation occurs after entering an inhabited dwelling or building without consent.

Repeat Offenses (PC § 647.6(c))

The law imposes harsher penalties for second and subsequent convictions, especially if there are prior convictions for certain sex offenses involving minors.

Elements Prosecutors Must Prove

For a basic conviction under PC § 647.6(a)(1), prosecutors must establish beyond a reasonable doubt:

1. Conduct directed at a child: You engaged in conduct directed at a child under 18
2. Abnormal sexual motivation: You were motivated by an unnatural or abnormal sexual interest in children
3. Disturbing conduct: A normal person would have been irritated, disturbed, or annoyed by your conduct
4. Unwanted conduct: Your conduct was neither necessary nor incidental to a legitimate purpose

Each element must be proven for a conviction. The most challenging element for prosecutors is often proving the “abnormal sexual motivation,” which typically requires circumstantial evidence of your intent.

What Constitutes “Annoying or Molesting” Behavior?

The terms “annoying” and “molesting” have specific legal meanings under this statute:

• The behavior doesn’t have to involve physical touching
• The conduct must be objectively irritating or disturbing to a reasonable person
• The behavior must be motivated by sexual interest

Examples of conduct that might violate PC § 647.6 include:

• Making sexually suggestive comments to a child
• Repeatedly following or watching a child
• Engaging in sexually explicit conversations with a minor
• Exposing oneself to a child
• Making inappropriate gestures toward a minor
• Soliciting a child for sexual purposes

Courts evaluate the totality of circumstances, including the nature of the conduct, its persistence, and any evidence of sexual motivation.

Penalties for Violating PC § 647.6

The consequences for violating this statute vary based on the specific circumstances and criminal history:

Basic Violation (First Offense)

• Misdemeanor punishable by:
  • Up to one year in county jail
  • Fine up to $5,000
  • Or both jail time and fine

Violation After Entering a Dwelling Without Consent

• Either:
  • Misdemeanor: Up to one year in county jail and fine up to $5,000
  • Felony: Imprisonment in state prison and fine up to $5,000

Second and Subsequent Convictions

• Felony punishable by state prison time

Conviction After Prior Specified Sex Offenses

• Felony punishable by:
  • 2, 4, or 6 years in state prison

Additional Consequences

Beyond direct criminal penalties, a conviction also leads to:

• Sex offender registration: Typically Tier 1 registration for a minimum of 10 years under California’s tiered registry system
• Immigration consequences for non-citizens
• Employment difficulties, especially in fields involving children
• Housing restrictions due to sex offender status
• Reputation damage and social stigma
• Mandatory counseling if probation is granted

The Distinction Between PC § 647.6 and Other Sex Crimes

California Penal Code § 647.6 is distinct from other sex crimes in several important ways:

Compared to Lewd Acts with a Minor (PC § 288)

• PC § 288 requires touching of a child with sexual intent
• PC § 647.6 doesn’t require any physical contact
• PC § 288 carries significantly harsher penalties

Compared to Indecent Exposure (PC § 314)

• Indecent exposure specifically involves exposing one’s genitals
• PC § 647.6 covers a much broader range of conduct
• Motivation and intent requirements differ

Compared to Child Endangerment (PC § 273a)

• Child endangerment involves placing a child in danger of harm
• PC § 647.6 focuses on sexually motivated conduct

Understanding these distinctions is crucial because they affect both defense strategies and potential consequences.

Common Defense Strategies

Several defense approaches may be effective depending on the specific circumstances:

No Sexual Motivation

One of the strongest defenses is showing that your conduct, while perhaps annoying, wasn’t motivated by an unnatural or abnormal sexual interest in children. If your actions had a legitimate, non-sexual purpose, this element is not satisfied.

Reasonable Conduct

If your conduct wouldn’t have disturbed or annoyed a normal person, this may provide a defense. Context matters significantly—behavior that might be appropriate in some situations could be inappropriate in others.

Mistaken Age

In some cases, a reasonable belief that the person was 18 or older may be relevant, though this defense has limitations.

False Accusations

Unfortunately, false allegations do occur, particularly in high-conflict family situations, custody disputes, or misunderstandings. Demonstrating inconsistencies or motives to fabricate can be critical.

Constitutional Challenges

In some cases, First Amendment free speech protections or Fourth Amendment search and seizure violations may provide grounds for defense.

Insufficient Evidence

The prosecution must prove every element beyond a reasonable doubt. Often, there may be limited evidence of sexual motivation or the specific nature of the conduct.

Special Considerations for Sting Operations

PC § 647.6(a)(2) specifically addresses situations where someone engages with an adult whom they believe to be a minor. This provision is frequently used in sting operations where:

• Police officers pose as minors online
• Adults communicate with undercover officers believing they are children
• The communications or arranged meetings demonstrate sexual interest in minors

If you’ve been caught in such an operation, specific defenses may apply, including:

• Entrapment: If officers induced you to commit a crime you wouldn’t otherwise have committed
• No belief the person was a minor: If evidence shows you didn’t actually believe you were communicating with someone under 18
• No sexual motivation: If communications lacked sexual content or intent

Probation and Counseling Requirements

If convicted but granted probation, PC § 647.6(d) imposes specific requirements:

1. Mandatory counseling unless the court determines it would be inappropriate or ineffective
2. No-contact orders with the victim that can only be modified at the victim’s request and upon a finding that modification is in the victim’s best interest
3. Other probation conditions that may include:
   • Community service
   • Restrictions on where you can live or work
   • Limitations on internet use
   • Regular meetings with a probation officer

These conditions are enforced strictly, and violations can result in probation revocation and jail or prison time.

The Investigation Process

Understanding how these cases are typically investigated helps in preparing a defense:

Initial Reports and Interviews

Most cases begin with a report from a child, parent, teacher, or other observer. Initial interviews with the child and witnesses establish the basic allegations.

Evidence Collection

Investigators seek corroborating evidence such as:

• Surveillance footage
• Electronic communications
• Witness statements
• Physical evidence
• Prior similar behavior

Suspect Interrogation

Law enforcement often attempts to interview suspects, hoping to obtain incriminating statements. These interactions are critical moments where having legal representation is essential.

Forensic Interviews

In many cases, children undergo specialized forensic interviews conducted by trained professionals using techniques designed to elicit detailed accounts while minimizing suggestion.

Frequently Asked Questions

Can I be charged if there was no physical contact?

Yes. PC § 647.6 specifically targets conduct that doesn’t necessarily involve physical touching. The focus is on behavior motivated by sexual interest that would disturb a reasonable person.

Does the child have to be actually annoyed or disturbed?

No. The standard is whether a normal person would have been disturbed by the conduct, not whether the specific child was actually disturbed.

What if I didn’t know the person was under 18?

A reasonable belief that the person was 18 or older may be relevant to your defense, but the effectiveness of this defense varies depending on the specific circumstances and evidence.

Can these charges be reduced or dismissed?

Yes, depending on case circumstances. Possibilities include diversion programs (in limited situations), reduced charges, or dismissals when evidence is insufficient.

Will I have to register as a sex offender?

Most convictions under PC § 647.6 require registration as a sex offender. Under California’s tiered registry system, this offense typically requires Tier 1 registration for a minimum of 10 years, though registration periods can be longer with prior convictions.

Why You Need an Experienced Defense Attorney

Charges under PC § 647.6 demand specialized legal representation because:

1. Sexual motivation element: The requirement to prove or disprove sexual motivation creates unique evidentiary challenges
2. Severe consequences: The penalties affect virtually every aspect of your life
3. Complex fact patterns: These cases often involve nuanced interactions that require careful analysis
4. Sex offender registration: The registration requirement has lifelong implications

How David P. Shapiro Criminal Defense Attorneys Can Help

Our San Diego defense team brings crucial advantages to your case:

• Experience with PC § 647.6 defenses and how to effectively challenge the sexual motivation element
• Knowledge of local courts and prosecutors handling these cases
• Understanding of sex crime investigation techniques and their potential flaws
• Access to experts who can evaluate evidence and testimony
• Strategic approach to case evaluation and defense planning

We begin by thoroughly analyzing the evidence, identifying weaknesses in the prosecution’s case, and developing a defense strategy tailored to your specific situation.

Contact a San Diego Defense Attorney Today

If you’re facing charges under California Penal Code § 647.6, immediate legal representation is critical. The early stages of your case can significantly impact the outcome, from initial police interviews to pretrial motions.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future.

Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.