Annoying/Molesting Child Under 18

Criminal charges for annoying or molesting a child can lead to life-changing consequences. Any sexual offense involving a minor carries a severe penalty under California penal law. Charges for annoying or molesting a minor in San Diego can occur if you speak of or offer to engage in any sexual conduct with a minor while motivated by a sexual interest in the child or children in general. This conviction can result in a substantial fine and a lengthy sentence.

However, you can fight your charges for a favorable result in your case with the help of a competent criminal attorney. At the Law Offices of Anna R. Yum, we know that you can be falsely accused or accidentally violate this law. We can use our best defense strategies to cause the court to drop or reduce your charges. We can also protect your rights and help you navigate all complex legal processes until you are satisfied with the final verdict.

The Meaning of Annoying or Molesting a Child Under 18

Annoying or molesting a child is a violation under PC 647.6. You commit this crime when you talk about or offer to engage in sexual conduct with a minor while motivated by sexual interests in the minor, or minors in general. The crime is generally a misdemeanor, but the DA can charge it as a felony under certain circumstances, for example, if you have a prior conviction. A misdemeanor is punishable by one year in jail, while a felony can result in a maximum of six years.

You can violate this law in many ways, including the following:

• Suggesting or offering to engage in oral sex with a particular or random minor
• Asking a minor about their sexual interests or preferences
• Masturbating in a vehicle parked right outside a school, when the school is letting children out.

This is a separate crime from sexual abuse of a minor or lewd or lascivious acts with a minor because it does not need any form of contact between the minor and the defendant. However, it is also a severe crime that carries a condition to register in the sex offender registry upon conviction. A conviction will also taint your criminal record, leaving you with a damaging record for years. This can make it difficult for you to find suitable housing and jobs and get custody of your child.

An experienced attorney can help you fight your charges if you are falsely accused or if police have mistaken the facts. They can use their best defense strategies to compel the judge to dismiss your charges or agree to a plea deal with less severe consequences.

Before the court gives a final verdict, the DA must demonstrate all the elements of the offense that constitute its legal definition. These elements are as follows:

• You behaved in a particular manner towards or in the presence of a child
• Your behavior would have irritated, annoyed, offended, injured, or disturbed a normal human being
• You behaved that way due to a sexual interest in the victim (a child) or children in general
• The victim or child was younger than 18 years when you committed the crime

It is possible to face criminal charges, and a potential conviction even if the victim, or the child on whom you directed your behavior, was not bothered by it. What matters is how a reasonable person would find your behavior. If, generally, your behavior is annoying, disrespectful, offensive, or disturbing to an ordinary person, the DA can prove the case to obtain a guilty verdict.

Additionally, words alone can molest or annoy a minor, meaning that you can be guilty even if you do not touch the victim in any way. A prosecutor does not need physical contact with a minor to prove your case. Also, any indirect sexual behavior with a minor, like masturbating in their presence, can violate PC 647.6 if you intended for the child to see or observe.

A key element of this case is the motivation behind the behavior, specifically a sexual attraction in children or the victim. The DA can prove this using the following strategies:

• How you previously behaved towards, or in the presence of children (especially children with whom you have a relationship), or the victim specifically
• Any circumstantial evidence around your behavior, or relationship with the minor, or children

The prosecutor doesn’t have to prove that you intended to seduce the victim to obtain a guilty verdict.

Example: Jake enjoys a few drinks outside his house one afternoon when his neighbor’s 15-year-old daughter passes by. Jake has always fantasized about engaging in sexual acts with minors. He uses that opportunity to invite her inside for a good time. He explained what he intended to do to her and how much fun they could have together. The minor runs back home and reports to her parents, who report the matter to the police immediately.

Jake is arrested and charged with annoying or molesting a child. He tries to defend himself by stating that he acted that way because he was drunk. However, that defense does not cause the judge or prosecutor to dismiss the charges.

Penalties for Annoying or Molesting a Minor

Annoying or molesting a child is a wobbler, meaning that the DA can file misdemeanor or felony charges against you. The prosecutor’s decision is based on the circumstances of the case and your criminal history. You will likely face misdemeanor charges if your case lacks aggravating factors (factors that make your charges or penalties more severe). A conviction for a misdemeanor is punishable by the following:

• A one-year jail sentence, or
• Misdemeanor probation
• $5,000 in a court fine

The DA will bring felony charges against you if there are aggravating factors in your case. For example, a repeat offender will likely face felony charges. A felony conviction is punishable by:

• 16 months, two, or three years in prison, or
• Felony probation

The DA can file felony charges against a first offender if the offense occurs in an inhabited trailer or dwelling you accessed without the owner’s consent.

Having a prior conviction of specific sex crimes will also lead to a hefty penalty. For example, if there is a prior conviction in your record for the following offenses, the DA will likely file felony charges, punishable by two, four, or six years in prison:

• The rape of a child aged 16 or younger, under PC 261
• Continuous abuse of a minor, under PC 288.5
• Lewd or lascivious acts of a minor, under PC 288
• Child pornography, under PC311.4

Misdemeanor or Felony Probation

Judges use probation sentences instead of jail or prison sentences in some circumstances. If you qualify, the court can opt for misdemeanor probation (for misdemeanor charges) or felony probation (for felony charges). Probation allows you to serve your sentence outside jail or prison, but under strict probation conditions. You must abide by these conditions throughout your probation to avoid facing additional criminal charges or being sentenced to jail or prison.

Misdemeanor probation lasts between one and three years, while felony probation lasts from one to five years. Some of the probation conditions you will likely receive during sentencing include the following:

• You must not engage in crime while on probation
• You should meet regularly with your probation officer to review your performance (for felony probation)
• You should submit periodic progress reports to the court (for misdemeanor probation)
• You should participate in community service for a particular number of hours
• You should undergo counseling or treatment for an underlying behavior or issue that could cause you to re-offend, like drug or alcohol addiction.

The court can issue a restraining order to protect the victim against abuse or further molestation. You cannot modify or lift this restraining order unless the victim requests it or the court determines that a modification serves the victim’s best interests.

When you violate probation, the judge will likely hold a hearing to determine the cause and type of the violation. The result of this hearing can cause the judge to do one of the following:

• Continue probation under the same conditions, but with a strict warning against further violations
• Continue probation, but under new and more stringent probation conditions
• To discontinue probation and send you to jail or prison for the recommended period for your violation of the law

Sex Offender Registration

Most sex crimes under the California Penal Code carry a condition to register in the sex offender registry. The registry is usually open for public viewing, meaning that anyone can find out about your status in the registry. You can register for ten years under the Tier 1 category, for twenty years under the Tier 2 category, or for life under the Tier 3 category. The judge determines how long your name should remain on the registry, depending on the offense’s severity and criminal history.

If you are a first offender, you will likely be ordered to register under the Tier 1 category every year for ten years. The registration should include your name, other identifying details, and address. If you change address through a relocation, you should update the change immediately in the registry. This registry allows the police to trace the whereabouts of convicted sex offenders in the state. If you commit another sex crime, you could be required to register under the Tier 2 or Tier 3 category, depending on the severity of the sex crime.

If you are convicted of a misdemeanor under PC 647.6, you can request to be excluded from the public registry. However, you will still be expected to register in the registry every year. If you are excluded from the public registry, only the police and a few government officials can access your details. You can apply for a certificate of rehabilitation beforehand to be excluded, but you must wait for a governor’s pardon. However, you must demonstrate that you have been fully rehabilitated to be issued this certificate.

Other Consequences of a Conviction for Annoying or Molesting a Minor

A felony conviction will result in the loss of your gun rights. California adults can obtain a license to purchase, possess, or use a firearm. However, you lose this right in certain circumstances. Convicted felons are among the people who are prohibited from purchasing or possessing firearms. The ban on your gun rights after a felony conviction is for life. Thus, if you keep a gun for safety or you hunt for fun, you will no longer be able to do it after the conviction.

A conviction for molesting a minor could also have severe immigration consequences for you if you are an immigrant in California. Generally, sex crimes against minors are considered crimes of moral turpitude. Molesting a child is, in itself, an egregious crime that involves the exploitation of a vulnerable member of society. It is also a deeply immoral act. Thus, a conviction can result in deportation or being marked as inadmissible to the United States. The latter means you will not be allowed back to the United States for whatever reason after leaving for another country.

A conviction under PC 647.6 will also leave you with a damaged criminal record that can affect different areas of your life. You could face difficulties finding a job, housing services, credit, or insurance. Due to your criminal record, you could also lose your friends or find it challenging to make new friends. You can file for an expungement with the help of your attorney to eliminate some of the negative disabilities and consequences of a damaging criminal record. If you qualify for expungement, and the court grants it, the record will appear dismissed, which could have less severe consequences.

Fighting Charges Under PC 647.6

The crime of annoying or molesting a child is generally severe. The consequences of a conviction are severe and life-changing. In addition to spending time behind bars or on probation, you could lose some of the privileges you enjoy now, including your gun and parental rights. However, you can avoid a conviction and its severe consequences by using the best defense strategies against your charges. A skilled criminal attorney can develop a solid defense that could cause the court to drop or reduce your charges. Here are some of the strategies that you can use for a reasonable outcome:

The Victim or Your Accuser Lacks Credibility

It is not unusual to be accused of a crime you did not commit, especially a sex crime against a minor. Since prosecutors are familiar with cases like these, they aim to obtain a confession from the alleged abuser. Without this confession, the case can be difficult to conclude, especially where the victim’s or accuser’s credibility is questionable.

If you are falsely accused of molesting a minor, a competent attorney can use various strategies to convince the court of your innocence. For example, they can interview your accuser and the victim to find out the truth or the circumstances around the accusations. They can also subpoena the victim’s medical school and counseling records to look for any information to help your case. A competent attorney will even consider communication between you and the alleged victim, the victim’s emails, messages, and social media accounts. Speaking to the alleged victim’s family members, schoolmates, and friends can also provide helpful information to exonerate you of all wrongdoing.

If the alleged victim or your accuser has a habit of telling lies or lodging false accusations against innocent people, this information can help your defense. A child with a history of lying will not be considered a credible victim or witness in your case. If they have a pre-existing bias or hatred against you, an experienced attorney can use that to discredit them. Then, they can compel the court to dismiss your charges.

Your Behavior Was Not Motivated by Sexual Interest in a Minor

A motive of sexual interest in the alleged victim or children in general is a critical element of this crime. Since the prosecutor bears the burden of proof in criminal cases, they must prove all elements of the crime to obtain a conviction. A competent attorney can raise reasonable doubt by arguing against one or more elements. For example, they can state that, although you behaved the way you did towards or in the presence of a minor, you did not have a sexual interest in the minor or children in general.

You can use this strategy if you are a parent or guardian who asks sex-related questions of a minor to determine how much information they have or whether they were being sexually abused. For example, you can ask a minor about the times they have had a sexual encounter or who they engage in sexual acts with to find out if they are already sexually active or if they are being sexually abused. The minor can retaliate against you by accusing you of annoying or molesting them. Or, someone can overhear your conversation and accuse you of annoying a minor.

Your Behavior Was Accidental

This defense strategy can apply in case you accidentally exposed yourself to a minor or minors, without having a sexual interest in them. It can happen if you were masturbating or engaging in any other sexual act in your house, room, or vehicle without knowing that minors or anyone else was watching. A minor or adult who sees you by accident can assume that you intentionally exposed yourself and accuse you of molesting or annoying children.

An aggressive attorney can defend your actions by convincing the court that your behavior was not intentional but accidental. If you did not intend to annoy or molest a minor, or you do not have sexual interest in the alleged victim or victims, you are not guilty under PC 647.6. If this strategy works, the court will dismiss your charges.

The Police Coerced You To Confess

If you willingly confess to molesting a minor, a conviction and sentencing will quickly follow. However, if you did not willingly admit to the crime, your attorney can cite coercion or police brutality to compel the court to dismiss the confession. They can say that you confessed because you were afraid for your safety.

The police must use legal strategies to obtain evidence when investigating crimes. For example, they can compel you to confess in the presence of your attorney. They can also trick you into a confession, provided that the trick does not violate your civil rights. If an officer uses force, coercion, or threats to force a confession, that confession is usually inadmissible in court.

The police have been accused several times of using illegal tactics and brutality when obtaining evidence. Some of these mistakes violate the civil rights of defendants. Talk to your attorney about the circumstances of your confession. If the confession was forced or coerced, they will compel the court to dismiss it. This will likely leave the prosecutor with insufficient evidence to obtain a conviction.

Find Experienced Criminal Defense Services Near Me

Do you or someone you love face criminal charges for annoying or molesting a child in San Diego?

This is a serious sex crime that carries a severe sentence after a conviction. A conviction also comes with a condition to register in the sex offender registry. The lengthy prison sentence, hefty fine, and damaging criminal record will affect all aspects of your life for a very long time, including your social and professional lives.

At the Law Offices of Anna R. Yum, we know how difficult life can be as a convicted felon. We can help you fight for your rights, navigate the complex legal processes, and fight your charges for a favorable result. Our competent attorneys will remain by your side throughout all legal processes and will not stop until you are happy with the outcome of your case. Contact us at 619-493-3461 to discuss your case and our services further.