FREE Case Review (866) 588-0600

What is Child Annoyance in California?

In California, child annoyance, under Penal Code § 647.6, involves engaging in behavior or conduct directed at a minor under 18 that is motivated by an abnormal sexual interest and is likely to annoy or disturb the child. This offense does not require physical contact and can include lewd or inappropriate comments or actions. Child annoyance is typically charged as a misdemeanor but can be a felony in certain circumstances.
Awards & recognition
Published by Rabb

Understanding California’s Child Annoyance Laws

While many are aware that inappropriate physical contact with a minor is illegal, fewer realize that words or gestures alone can lead to criminal charges [1.].

“Under California Penal Code Section 647.6 PC, it is a crime to annoy or molest someone under 18 years old. Physical contact is not required to be guilty of this offense.”

Annoying or Molesting a Child

Annoying or molesting a child involves any behavior that a reasonable person would find disturbing, irritating, offensive, or harmful when directed at a minor. Examples of such behavior include:

  • Making lewd comments or gestures
  • Exposing oneself or asking a child to do so
  • Following or stalking a child with sexual intent
  • Sending sexually suggestive messages or images
  • Engaging in inappropriate touching, even over clothing
  • Exposing the child to pornography

Motivation by Sexual Interest

A key element of this offense is the motivation behind the conduct. The behavior must be primarily driven by an unnatural or abnormal sexual interest in the child.

This means the conduct must be sexually motivated, not simply playful or affectionate. If the behavior is not sexual in nature, even if it bothers the child, it does not fall under this law.

Unnatural or Abnormal Sexual Interest

Though not explicitly defined in the statute, “unnatural or abnormal sexual interest” generally refers to a sexual interest in a child that is significantly outside the norm for someone of your age or position of authority.

Importantly, physical contact is not required to violate this law. A conviction can result from words, gestures, or online interactions that annoy or molest a child, provided they are motivated by an unnatural or abnormal sexual interest.

Penalties for Annoying or Molesting a Child in California

The penalties for child annoyance under California Penal Code 647.6 can vary depending on the specifics of the case and the defendant’s criminal history [2.].

For a first offense without aggravating factors, child annoyance is typically charged as a misdemeanor, punishable by up to one year in county jail and/or a fine of up to $5,000.

“If a person violates PC 647.6 after entering an inhabited dwelling without consent, the crime becomes a “wobbler” offense. A wobbler may be charged as either a misdemeanor or a felony at the prosecutor’s discretion.”

If the defendant has a prior felony conviction for certain serious sex offenses, such as rape of a minor under 16 (Penal Code 261), continuous sexual abuse of a child (Penal Code 288.5), or lewd acts with a child (Penal Code 288), the new offense under PC 647.6 is automatically charged as a felony. In this scenario, the penalty can include up to six years in state prison.

Also Read: Maximum Sentence for Child Molestation in California

Elements Required for a Child Molestation Conviction

To secure a conviction under Penal Code 647.6 for annoying or molesting a child, the prosecutor must prove several key elements beyond a reasonable doubt, known as the “elements of the crime” [3.].

According to California criminal jury instructions (CALCRIM 1122), these elements include:

  • The defendant engaged in unlawful conduct directed toward a minor under 18 years old at the time of the incident.
  • The defendant’s actions were driven by an abnormal and unnatural sexual interest in the minor.
  • A reasonable person would find the defendant’s conduct disturbing, irritating, or offensive.

“In order to be convicted of Penal Code 647.6, it does not have to be proven defendant had an intent to seduce the minor, rather only their motivation was primarily a sexual interest. It should be noted, however, if it can be shown the defendant had a reasonable belief the minor was at least 18, then they can’t be convicted of child molestation.”

Also Read: Is It Illegal to Date a Minor

If you’re facing charges of annoying or molesting a child under California Penal Code 647.6, several legal defenses can be employed to challenge the accusations. The first and most crucial step is to hire an experienced sex crime attorney who understands the nuances of these cases.

An experienced attorney can assess the best defense strategies based on the specifics of your case. Here are some common defenses against charges of annoying or molesting a minor:

Reasonable Belief That the Victim Was an Adult
You cannot be convicted if you reasonably believed that the victim was an adult. This belief could be based on:

  • The victim or someone close to them telling you they were 18 or older.
  • Encountering the victim in a location, such as a bar, that only admits adults.
  • The victim providing fake identification, such as a falsified driver’s license.
  • The victim’s physical appearance resembling that of an adult.

The prosecution must prove that your belief was unreasonable.

The Witness Lacks Credibility

If a witness has a bias against you or is not credible, their testimony can be challenged. Your attorney may investigate the witness’s social media, medical, or counseling records and interview those close to the witness to uncover any history of dishonesty. If the witness is found to be unreliable, it could lead to a dismissal of your charges.

Conduct Was Not Directed at a Minor

For a conviction, the offensive conduct must be directed at a minor. If your actions were not intended for a minor, or if a minor accidentally overheard or witnessed the conduct, you cannot be found guilty of this offense.

The Conduct Was Not Sexually Motivated

The prosecution must prove that your actions were driven by an abnormal sexual interest in the child. This can be difficult to establish, particularly without past convictions or solid evidence. If you can demonstrate that your conduct was motivated by something other than sexual interest, such as concern for the child’s well-being, it could lead to an acquittal.

The Conduct Would Not Offend a Reasonable Person

The conduct in question must be offensive to a reasonable person under similar circumstances. If the child’s reaction was exaggerated or misrepresented, it may not meet the standard required for a conviction.

False Accusations

False accusations are a common defense in cases involving sex crimes against minors. These accusations might arise from malice, revenge, or misunderstandings by either the child or another adult. Your attorney can investigate the accuser’s history, interview relevant parties, and gather evidence to demonstrate the false nature of the accusations. If proven, the charges may be dropped.

In cases where adults misinterpret innocent actions as criminal, especially when overprotective, it’s important to clarify the context of the actions to avoid wrongful conviction.

Get a Free Lawsuit Evaluation With Our Lawyers

The Litigation Group at Schmidt & Clark, LLP is an experienced team of trial lawyers that focuses on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and are currently accepting new legal challenges in all 50 states.

If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.

References:
1. https://sddefenseattorneys.com/blog/child-annoyance/
2. https://www.shouselaw.com/ca/blog/child-abuse/what-is-child-annoyance-in-california/
3. https://www.cronisraelsandstark.com/annoying-or-molesting-a-child-penal-code-647-6/

Free Confidential Case Evaluation

Verified 100% Secure SiteTo contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.