Annoying or Molesting a Minor (PC 647.6)

Definition

Annoying or molesting a minor (someone under 18 years old) is generally a misdemeanor.  Unless, the person who violated PC 647.6 has a prior history of sexual assault or prior PC 647.6 convictions, then, this offense can be a felony. 

To annoy or molest are actions towards the minor with a sexual purpose or intent.  For example, Bill asks his 12-year-old step daughter to lift up her skirt to show him her underwear.  Mark offers to massage his 10-year-old daughter’s thighs, close to her vagina.  John masturbates in front of a playground with kids, hoping the kids notice him.  Annoying or molesting a child does not require any touching.  

Jury instructions – what the DA must prove to show you committed the crime of annoying or molesting a minor.  The DA must prove each element beyond a reasonable doubt: (Calcrim 1122)

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

It does not matter if the child was not actually bothered, what matters is that if someone else, another human being, would have been bothered by your conduct. 

Defenses

Some common defenses are the victim is lying/lacks credibility and the defendant’s conduct was not motivated by sexual interest.  I.e. – the request or comment was not sexual in nature or the alleged victim was taking things out of context. 

Sentence 

The punishment for violating PC 647.6, annoying or molesting a minor, is up to one year in the county jail and a fine not exceeding $5,000 for a first time offense.  However, if you have been convicted of PC 647.6 previously, you will be punished by imprisonment in the state prison.  

The court shall require counseling if one is granted probation for a violation of PC 647.6, unless the court makes a written statement stating that counseling would be inappropriate or ineffective.  

If you have been previously convicted of a sex crime, such as rape, continuous sexual abuse of a child, rape in concert, aggravated sexual assault of a child, incest, sodomy, unlawful oral copulation, forcible sexual penetration with a foreign object, any conviction under PC 288, employing children for distribution of pornography, involving a minor under 14 years old, shall be punished in the state prison for two, four, or six years.  

290 Registration 

Yes, a violation of PC 647.6 requires registration as a sex offender.  Depending on whether this is your first offense or second, you may have to register as a sex offender up to 10 to 20 years.  

Hiring an attorney

It is imperative to hire an attorney to represent you in an accusation of annoying or molesting a child, since there are collateral consequences (sex registration) and possible prison time. Contact a sex-crimes attorney today.