Children are gullible and more prone to harm because they are not mature enough to differentiate between good and ill-intentioned people. Consequently, prosecutors and judges aggressively charge PC 647.6 suspects, and a conviction can result in serving time, paying heavy fines, compulsory sex offender registration, and collateral consequences affecting your reputation, career, family, finances, and life. Vigilance can also result in false accusations. You can effectively fight the criminal charges by hiring California Criminal Lawyer Group, a seasoned Bakersfield law firm. We can collect and analyze the evidence against you to develop the most effective legal defense. If your evidence is unchallengeable, we can negotiate plea bargains with the prosecution to reduce the severity of your penalties.
Defining Annoying or Molesting a Child Under 18
California Penal Code Section 647.6 PC makes it an offense to molest or annoy a child below eighteen or an adult whom you believe is a minor.
Under this statute, the legal terms “molest” and “annoy” have the same meaning.
This crime has two main components, namely:
- You engaged in behavior that would irritate or disturb a child below 18.
- Your sexual desire for the minor motivated the conduct.
Behavior that Would Irritate or Disturb a Child Below 18
PC 647.6 bans conduct that is both:
- Driven by sexual attraction towards a minor(s) and is
- Invading the minor’s security and privacy.
The crime is considered a general motive crime. Even without planning to commit the offense, the prosecution team can interpret your behavior as obscene or lewd. An affectionate act can break this law, provided it can unhesitantly aggravate an average individual.
You can violate the statute when your behavior stems from an abnormal or unnatural sexual desire toward children or a specific minor.
Additionally, your conduct is necessarily irritating to the minor because the legal test focuses on the behavior instead of the act's results. If the act can upset an average individual and invade the juvenile’s security and privacy, it breaks the law, even if it does not annoy the minor.
Unlike most sex crimes, you do not have to touch the minor's body parts to violate PC 647.6. Words alone can constitute molestation or annoyance. Additionally, indirect sexual behavior, like masturbation, can violate this statute when meant to be seen by children.
Driven by Sexual Interests
PC 647.6 only applies to defendants driven by an abnormal or unnatural sexual intent or interest in a minor(s). It is a must if you intend to seduce the child.
You do not break this statute if your motivating factor is not sexual interest. Additionally, an act that a child accidentally sees or hears is not a violation of this statute.
The prosecution proves the motive of sexual desire using:
- Past conduct towards a minor with whom there was a previous relationship.
- The detailed proof surrounding the conduct.
Luckily, proving the intent to molest or annoy a minor is challenging, making it a gap in the prosecutor’s case against you. Your criminal defense attorney should be able to exploit this.
Penalties and Consequences of Molesting or Annoying a Child Below 18
Your first crime is a California misdemeanor if no aggravating factors exist. It carries a year in jail and a fine not exceeding five thousand dollars.
The crime is a California wobbler offense if you molest or annoy a minor after entering, without consent, a trailer coach, an inhabited house, or an inhabited part of any building. A wobbler is a crime that the prosecutor can charge as a felony or misdemeanor, depending on whether you are a threat to children and your criminal history.
Felony Penalties
A second or subsequent PC 647.6 violation has a maximum three-year prison sentence.
Any PC 647.6 violation (even a first-time crime) is a California felony if you were previously convicted of a felony relating to certain sex crimes, including the following:
- Raping a child below 16 (PC 261).
- Ongoing sexual abuse against a minor (PC 288.5).
- Lewd conduct with a minor (PC 288).
- Child pornography (PC 311.4).
In this case, violating PC 647.6 carries two (2), four (4), or six (6) years in California state prison.
Probation In Place of Incarceration
Instead of serving time, the judge can order probation. When determining whether to impose probation, the judge considers whether you pose a threat to children, your criminal history, and case facts.
The following two main probation types correspond with your criminal charges, namely:
- Summary/informal/misdemeanor probation.
- Formal/felony probation.
Typically, misdemeanor probation can range from one to three years. The judge will require you to comply with the following conditions:
- Paying fine.
- Engaging in community service.
- Appearing in court for your periodic assessment reports.
On the contrary, felony probation ranges from three to 5 years. If sentenced to informal probation, you should pay victim restitution, report to the probation department, attend counseling and adhere to other terms the probation officer and judge imposed.
Also, felony probation can include spending a year in jail instead of prison.
If the judge prohibits you from contacting the alleged victim, the court cannot modify the order except:
- After the alleged victim’s request to do so.
- A court finds that the change suits the minor’s best interests.
Registering as a Sex Offender
Annoying or molesting a child under 18 also attracts sexual offender registration. A first conviction is classified as a level-one crime, requiring a ten-year registration. On the other hand, a second conviction is categorized as a level-two crime, attracting a twenty-year registration as a sex offender.
To meet your first reporting criteria under PC 290, you should register your main address with the law enforcement agency in that jurisdiction within five days of your:
- Release from prison.
- Discharge from a mental health facility or hospital.
- Sentence.
After reporting to a local enforcement agency, the agency will forward your information to the California Department of Justice (DOJ). The public can access this information over the internet on the DOJ’s Megan’s Law website. Some of the information that will appear online includes the following:
- Name.
- Identifying information like eye color, scars, known aliases, weight, and height.
- A photography.
- The alleged crime.
- Your conviction year.
- The year of your release.
You should update your details within five days of your birthday.
Additionally, the registration conditions will depend on other factors, including whether:
- You are a transient.
- You relocate.
- The court considers you a sexually violent predator.
- You have been hired by or admitted to an institution of higher learning in California.
If your conviction was for a misdemeanor under PC 647.6, you can request an exclusion from the Megan’s Law website. However, you must continue with your sex offender registration until and unless you obtain a certificate of rehabilitation or have registered for ten years, and the judge allows you to remove your name from the registry.
Defending Against California Penal Code Section 647.6 PC Criminal Charges
Since every case is unique, the most effective line of defense depends on your criminal case's circumstances. Some of the legal strategies your attorney can use include the following:
The Minor Told You They Were Above 18
You cannot be found guilty of molesting or annoying a minor if you had a good faith belief that the victim was older than 18.
While the victim might have lied about their age, and you honestly believed them, the judge should also find that a reasonable individual in similar circumstances would have the same belief. When deciding, the judge will consider facts like any statements the minor made to you and the victim’s physical characteristics. You will not be sentenced for this sex crime if a reasonable individual would have thought the victim was over 18.
Attacking the Key Witness or the Accuser’s Credibility
Without confessions, a PC 647.6 criminal case will depend on the witnesses' or accusers' credibility. Therefore, your defense attorney will:
- Subpoena the accuser’s records, like social media platforms, accounts, school records, medical records, and counseling records.
- Perform thorough background checks on the accuser and witnesses.
- Interview the accuser’s friends, schoolmates, relatives, and social media friends.
The records can reveal that a minor is a chronic liar. Alternatively, they can prove that the juvenile was biased against you.
Establishing That Sexual Interest Motivated the Behavior
One element of this crime is that sexual interest in the juvenile inspired the conduct. Therefore, the judge cannot find you guilty if your behavior was innocent or if there was another motive.
Private Defense Polygraph Exams
Your criminal defense attorney can perform private polygraph exams.
If the results prove you are telling the truth, the lawyer can present them to the prosecution. Even though the polygraph is inadmissible in court, it is adequate to convince the prosecution to drop the criminal case.
On the contrary, if the outcome shows that you are lying, your attorney will keep the polygraph and its results confidential.
How Molesting or Annoying a Child Crime Differs from Other Sex Offenses
PC 647.6 differs from most sex offenses in that neither touching nor seducing the minor is necessary. These elements distinguish PC 647.6 from the following:
Peeping Tom (Observing of a Minor)
PC 647j makes it illegal to snoop on or record a video of someone intending to invade their privacy. Unlike molesting or annoying a child, peeping tom applies to an action not tailored to be seen by the juvenile.
PC 647j is a California misdemeanor. When the alleged crime involves a child, you will spend a year in jail and pay a penalty of two thousand dollars.
Lascivious Act with a Minor
PC 288 makes it illegal to touch a child intending to gratify or arouse either you or the juvenile sexually.
Touch goes beyond touching a minor with or on a sexual organ. You can also be convicted of PC 288 if you touched the child through your or their clothes.
Penalties for PC 288 vary depending on the victim’s age and whether you applied or used threats or force. Penalties and consequences can range from serving probation, a year in jail to ten years in a state prison. If the victim is under 14, the crime is a serious felony or a violent felony. It is a strike under the three strikes law.
If you hold a previous conviction under habitual sexual offender law, the judge could increase your sentence to twenty-five years to life.
Contacting a Child Intending to Engage in a Felony
You violate PC 288.3 if you communicate with a child by intending to commit a specified felony like lewd conduct, child pornography, rape, or kidnapping.
Please note that you can still be convicted even if you did not commit the crime. Trying to contact the minor is enough to warrant a conviction.
The crime is punishable by a prison term in a California state prison equivalent to a sentence that the court would impose for attempting to commit a California felony. The court will enhance the penalties for a subsequent offender with an additional five or consecutive years in prison.
Sending Harmful Material Intending to Seduce a Minor (PC 288.2)
Like PC 647.6, sexual interest motives a violation of PC 288.2. Nonetheless, breaking PC 288.2 requires the additional intent of seducing the minor and sending harmful or pornographic material to further the objective.
It is a wobbler. A misdemeanor carries six months in jail, one thousand dollars in fine, and summary probation. On the other hand, a felony carries the following penalties:
- Felony probation.
- A maximum of three years in California state prison.
- $10,000 in fines.
- Registering as a sex offender.
What to Do If Accused of PC 647.6
Being suspected of a sex crime, even if you are falsely accused, is a severe issue with life-altering consequences for your profession, reputation, and personal life. Consequently, you should take measures to protect your legal rights and build a strong defense. This section discusses the essential steps after an accusation, providing tips for navigating the situation.
Remain Silent
The Fifth Amendment to the U.S. Constitution protects you from being compelled to testify and incriminate yourself; the prosecution can use anything you say or do against you in court.
However, the Supreme Court ruled that body language and silence are ambiguous, and the most effective way to pledge your right to remain silent is by telling the police that you invoke your Miranda right to remain silent. Other ways to invoke your entitlement are by saying that:
- You decide to remain silent.
- You are exercising the right to remain silent.
- You want to talk to your defense lawyer.
- You want to speak with your lawyer first.
Once you invoke the constitutional right, the police should stop interrogating you. If the officer continues questioning you after you have pleaded to remain silent, they have broken your rights. The prosecution cannot use all subsequent statements you make during the illegal interrogation against you in court.
However, voluntary statements are a waiver of the legal right. The prosecution can use the statements in court, even if you previously invoked your entitlement to silence.
Collect and Preserve Evidence
Collect and preserve records associated with the time of the incident, including communications, videos, and photos. Even if the case details do not appear essential at the start of the investigation, they could prove crucial later when fighting the accusations.
You should not delete social media content or emails related to the accusation. Tampering with proof could result in criminal charges and cause you to appear guilty. It is wise to deal with seemingly incriminating social media posts and texts instead of explaining why you deleted them.
Avoid Contacting the Alleged Victim or Potential Witnesses
Any communication with witnesses or the victim can be recorded or reported to the police. It is common for the victim or their loved one to make a recorded phone call to confront and provoke you into admitting or apologizing for the wrongdoing. The victim or their loved one can use either against you.
Your contact can also be misinterpreted as attempting to intimidate the victim or interfere with the evidence.
Hire a Criminal Defense Lawyer
Some people think that hiring an attorney during the investigation of a sex criminal case is an admission of guilt. However, sex crimes are sensitive and carry severe penalties, making it essential to hire a criminal defense attorney early.
Here is why you should consult a lawyer:
- California law is complicated, and your knowledgeable legal counsel knows how to navigate the law.
- Your lawyer knows when and when not to challenge proof — They have the expertise to discern when the presented evidence is valid. Probably, the police wrongly obtained the evidence, or the witnesses are falsely testifying against you.
- If proceeding to trial is not ideal, your attorney can negotiate a plea deal that would include jail time and other adverse penalties resulting from your sex crime charges.
- Offer support and accessibility — Your qualified lawyer will be available for concerns or questions throughout the process, offering relevant support, honest answers, and comprehension of your situation.
- Thorough investigation — The lawyer can investigate your case, collecting evidence from all parties involved. Additionally, they will use their professional connections and knowledge to consider all the details and develop your legal defense strategies.
California Plea Bargains Process
A plea bargain is a case outcome deal between the prosecution and the defendant. The defendant pleads no contest or guilty in return for specific benefits or concessions relating to the charges or the prison term they might receive if the charges result in a conviction. While the legal process involves the defendant and the prosecution, the judge must validate or invalidate the deal after the plea bargain deliberations.
There are numerous advantages to plea deals for the sides involved. It prevents the prosecution from wasting resources and time on a lengthy trial. In return for a plea of guilty, a defendant could receive the following:
- A lowering in the count of charges.
- A reduction in the severeness of crime.
Nevertheless, plea deals do not always suit the defendant’s best interests. So, if you are presented with a plea deal, it is crucial to consult your attorney. So that you can receive a legal explanation of the implications of your plea bargain, and they can assist you in negotiating the best possible terms.
Different Plea Bargain Phase
The various steps of plea bargaining in California are as follows:
- Arraignment — Upon your arrest, the prosecution files the charges. The prosecutor charges you, and you enter a plea of not guilty, guilty, or no contest. A plea of not guilty is entered initially, providing the prosecution and the defense ample time to discuss a deal if that is an option both parties seek to explore.
- Negotiation — It happens if you, through your lawyer, decide to reflect on the prosecutor’s offer. Deliberations with the prosecutor start with an informal or formal discussion.
- Plea bargain agreement — A plea deal is made if both parties agree. You will accept to enter a plea of guilty to specific charges. The plea deal agreement has to be approved in writing and signed by the parties.
- Sentencing — A defendant is sentenced if the presiding judge approves the plea agreement. In some plea agreements, the agreed-upon jail term is included in the plea deal. In others, the court will decide the prison term independently. The sentencing process can include fines, serving time, community service, probation, or restitution.
Remember, plea deals tend to be a complex judicial process, and you should have a legal advocate to guide you in navigating the legal process.
Find a Qualified Sex Crime Defense Attorney Near Me
PC 647.6 criminal charges can be initiated by a complaint from one person, misunderstanding, or false accusation. Sex crimes involving a minor are sensitive, complex to defend, and some of the most severe charges that you can ever face. A conviction can have life-altering consequences, regardless of your criminal history. If you are accused of this sex crime, your life's on the line, and you should hire skilled Bakersfield criminal defense counsel who can aggressively fight for your rights and future. At California Criminal Lawyer Group, we are dedicated to protecting your rights and can give your case the close and personal attention it deserves. We can listen to you, collect and analyze evidence, develop valid legal defenses, work with experts to investigate the case, engage in plea bargain negotiations, and represent you in court to safeguard your interests and return the best case outcome. Please contact us at 661-750-8230 to schedule your free case review and discuss your charges to build your defense.
