California Penal Code 647.6: Complete Guide to Child Molestation Misdemeanor Defense

What is California Penal Code 647.6? Understanding Child Molestation Laws

California Penal Code 647.6 criminalizes annoying or molesting children under 18, making it illegal to engage in conduct that would disturb, irritate, or molest a child. This serious “wobbler” offense can be charged as either a misdemeanor or felony and carries severe consequences including mandatory sex offender registration.

Key Legal Terms and Definitions

• Annoys: Disturbs, irritates, or bothers in a way that would upset a reasonable person
• Molests: Disturbs, interferes with, or troubles, often with sexual connotations
• Child: Any person under 18 years of age
• Motivated by Sexual Interest: Conduct driven by sexual desire or gratification

Related California Child Protection Statutes

PC 647.6 often charged alongside related offenses:

• PC 288 – Lewd acts with a child under 14
• PC 288.2 – Sending harmful material to seduce minors
• PC 288.3 – Contact with minor for sexual offense
• PC 288.4 – Arranging meeting with minor for lewd purposes
• PC 311.11 – Possession of child pornography
• PC 243.4 – Sexual battery
• PC 273a – Child endangerment
• PC 290 – Sex offender registration requirements

PC 647.6: Misdemeanor vs. Felony Charges

When Charged as Misdemeanor

PC 647.6 is typically charged as a misdemeanor when:

• First-time offense with no prior sex crime history
• No physical contact with the child occurred
• Conduct was less severe or threatening
• Defendant has no criminal history
• Child was not significantly traumatized

When Enhanced to Felony

Prosecutors may charge PC 647.6 as a felony when:

• Prior conviction: Previous PC 647.6 or similar offense
• Physical contact: Touching or attempted touching occurred
• Multiple victims: Pattern of behavior with several children
• Aggravating factors: Use of force, threats, or weapons
• Position of trust: Teacher, coach, family member, or authority figure
• Child’s age: Younger victims (under 14) often result in felony charges

PC 647.6(c) – Enhanced Penalties

Under PC 647.6(c), the offense becomes a felony if:

• Defendant has prior conviction under PC 647.6
• Previous conviction for PC 288, PC 311.11, or similar offense
• Pattern of similar conduct established

Comparison: Misdemeanor vs. Felony Consequences

Legal Elements: What Prosecutors Must Prove for PC 647.6 Conviction

Required Elements for Misdemeanor PC 647.6

To convict under Penal Code 647.6, prosecutors must prove beyond reasonable doubt:

1. Annoying or Molesting Conduct: Defendant engaged in behavior that would disturb or irritate
2. Child Victim: Victim was under 18 years of age
3. Motivated by Sexual Interest: Conduct was driven by abnormal sexual interest in children
4. Objective Standard: Conduct would unhesitatingly irritate or disturb a normal person

Understanding “Annoying or Molesting” Behavior

Courts have defined this as conduct that:

• Would unhesitatingly irritate or disturb a reasonable person
• Is motivated by an unnatural or abnormal sexual interest in children
• Goes beyond normal social interaction with minors
• Makes the child or reasonable observers uncomfortable

What Constitutes “Sexual Interest” Under PC 647.6?

Evidence of sexual motivation includes:

• Sexual comments or propositions to children
• Inappropriate touching or attempts to touch
• Exposing genitals or asking child to expose themselves
• Taking inappropriate photographs
• Showing pornographic material to children
• Pattern of seeking out children for inappropriate contact

Age Verification Requirements

Prosecutors must prove the victim was under 18:

• Birth certificate or official age documentation
• Testimony from parents or guardians
• School records showing age
• Child’s own testimony about age

Objective vs. Subjective Standard

The law uses an objective standard, meaning:

• Conduct must be objectively annoying to reasonable person
• Child’s actual reaction is relevant but not determinative
• Focus is on whether conduct would disturb normal person
• Defendant’s intent and motivation are key factors

PC 647.6 Penalties: Jail Time, Fines, and Registration Requirements

Misdemeanor PC 647.6 Penalties

Felony PC 647.6 Penalties

• State Prison: 2, 4, or 6 years
• Fines: Up to $10,000
• Parole: 3-5 years supervised release
• Strike: Counts as serious felony under Three Strikes Law
• Registration: Lifetime sex offender registration

Probation Conditions for PC 647.6 Convictions

Common probation terms include:

• No contact: Stay away from victim and family
• Counseling: Mandatory psychological treatment
• Supervision: Regular meetings with probation officer
• Residence restrictions: Cannot live near schools or parks
• Internet monitoring: Restricted online access
• No unsupervised contact: Cannot be alone with minors
• Employment restrictions: Cannot work with children

Collateral Consequences

• Employment: Cannot work in schools, day cares, youth programs
• Housing: Difficulty finding rental housing
• Professional licenses: Loss of teaching, medical, legal licenses
• Immigration: Deportation for non-U.S. citizens
• Child custody: Loss of custody and visitation rights
• Volunteer work: Cannot volunteer with youth organizations
• Internet access: Monitored and restricted online activity

Common Scenarios Leading to PC 647.6 Charges

Family and Domestic Situations

• Step-parents accused of inappropriate conduct
• Baby-sitters or nannies crossing boundaries
• Family friends making advances toward children
• Relatives engaging in inappropriate behavior
• Neighbors making children uncomfortable

False Accusation Scenarios

• Custody disputes leading to false allegations
• Angry ex-partners making false claims
• Children coached to make false reports
• Misunderstood innocent interactions
• Mental health issues affecting perception

Effective Defense Strategies Against PC 647.6 Charges

Lack of Sexual Motivation Defense

The most critical defense challenges sexual motivation:

• Innocent interaction: Normal adult-child interaction without sexual intent
• Professional purpose: Legitimate educational or caregiving activities
• Parental role: Step-parent or guardian acting in parental capacity
• Medical necessity: Medical professionals providing legitimate care
• Religious activities: Appropriate religious or spiritual guidance

Conduct Not Objectively Annoying

Challenging whether behavior would disturb reasonable person:

• Normal social interaction appropriate for the setting
• Behavior consistent with professional role
• Conduct within bounds of normal adult-child interaction
• Child and parents not actually disturbed by behavior
• Misinterpretation of innocent conduct

False Accusations Defense

False PC 647.6 accusations are unfortunately common due to:

• Custody battles: One parent falsely accusing the other
• Divorce proceedings: Spouse seeking advantage in divorce
• Teenage rebellion: Angry teens making false claims
• Mental health issues: Delusions or false memories
• Coaching by adults: Children told what to say
• Misunderstanding: Innocent conduct misinterpreted

Age Mistake Defense

In some cases, reasonable mistake about child’s age:

• Child appeared to be 18 or older
• Child misrepresented their age
• Online interactions where age unclear
• Reasonable belief based on appearance

Constitutional Defenses

• First Amendment: Protected speech or religious expression
• Fourth Amendment: Illegal searches or surveillance
• Fifth Amendment: Coerced confessions or self-incrimination
• Due Process: Vague application of statute
• Right to Counsel: Denial of attorney representation

Mental Health and Capacity Defenses

• Mental illness: Inability to form sexual intent
• Developmental disability: Lack of understanding
• Autism spectrum: Social interaction difficulties
• Medication effects: Prescribed drugs affecting behavior

False Accusations and Defense Strategies

Why False PC 647.6 Accusations Occur

False allegations of child molestation happen for various reasons:

Custody and Divorce Situations

• One parent seeking advantage in custody battle
• Vindictive ex-spouse making false claims
• New partner accused to remove from picture
• Financial motivations in divorce proceedings

Family and Relationship Conflicts

• Teenage children angry at step-parents
• Rebellious teens making false claims
• Family disputes over discipline or rules
• Extended family conflicts and revenge

Mental Health and Psychological Factors

• False memory syndrome in therapy
• Mental illness affecting perception
• Attention-seeking behavior
• Suggestion and coaching by others

Defending Against False Accusations

Effective defense strategies include:

Evidence Collection

• Witness testimony: Others who observed innocent interactions
• Character evidence: Reputation for appropriate behavior with children
• Timeline analysis: Proving defendant wasn’t present during alleged incidents
• Digital evidence: Phone records, emails, text messages showing innocent communication

Motive Analysis

• Documenting accuser’s motive for false allegations
• Financial benefits from false claims
• Custody or relationship advantages
• History of false accusations by accuser

Expert Witnesses

• Psychologists: Explaining false memory and suggestion
• Interview experts: Analyzing improper questioning techniques
• Medical experts: Lack of physical evidence
• Digital forensics: Analyzing electronic communications

PC 647.6 Investigation and Arrest Process

How PC 647.6 Investigations Begin

Child molestation investigations typically start when:

• Child reports inappropriate conduct to parents, teachers, or counselors
• Parents observe suspicious behavior or communications
• School officials report concerning interactions
• Other adults witness inappropriate conduct
• Digital evidence discovered on devices

Specialized Investigation Units

PC 647.6 cases often involve:

• Crimes Against Children units: Specialized police investigators
• District Attorney’s office: Prosecutor specialists in child cases
• Child Protective Services: Social workers protecting child welfare
• Forensic interviewers: Trained professionals interviewing children

Evidence Collection Process

1. Child forensic interview: Specialized questioning techniques
2. Parent/guardian interviews: Background and incident details
3. Witness statements: Anyone who observed interactions
4. Digital forensics: Phones, computers, social media analysis
5. Physical evidence: Photos, videos, documents
6. Expert evaluation: Psychological assessment of child

Suspect Interview and Interrogation

Police will attempt to interview the accused to:

• Obtain admissions or confessions
• Get defendant’s version of events
• Identify inconsistencies in story
• Gather evidence for prosecution
• Assess believability and demeanor

Timeline of Investigation

1. Initial report: Child or witness reports alleged conduct
2. Preliminary investigation: Police assess credibility of allegations
3. Forensic interviews: Trained professionals interview child victim
4. Evidence collection: Digital and physical evidence gathered
5. Suspect identification: Police identify and locate accused
6. Arrest warrant: Probable cause established for arrest
7. Arrest and booking: Defendant taken into custody

Why You Need an Expert PC 647.6 Defense Attorney

Critical Need for Immediate Legal Representation

Contact an experienced child molestation defense attorney immediately if:

• You’ve been accused of inappropriate conduct with a child
• Police want to question you about interactions with minors
• Child Protective Services is investigating you
• You’ve been arrested or cited for PC 647.6
• Someone has filed restraining order based on child allegations

Specialized Expertise Required

PC 647.6 defense requires attorneys with expertise in:

• Child psychology: Understanding how children perceive and report events
• False allegation dynamics: Why false accusations occur and how to defend
• Forensic interview analysis: Evaluating proper questioning techniques
• Sex offender laws: Understanding registration requirements and consequences
• Family law intersections: Custody, divorce, and family dynamics

Benefits of Early Legal Intervention

• Prevent self-incrimination: Avoid damaging statements to investigators
• Evidence preservation: Secure favorable evidence before it’s lost
• Witness interviews: Independent investigation of facts
• Expert consultation: Early involvement of psychological and forensic experts
• Damage control: Protect reputation and relationships

Avoiding Registration Through Charge Reduction

Experienced attorneys may negotiate for:

• PC 415 – Disturbing the peace (no registration required)
• PC 242 – Simple battery (no registration required)
• PC 273a – Child endangerment (no registration in some cases)
• PC 602 – Trespassing (no registration required)
• Infraction citations – Minor violations with fines only
• Diversion programs – Treatment instead of conviction
• Complete dismissal – When evidence insufficient

Frequently Asked Questions About PC 647.6 Child Molestation

Do I have to register as a sex offender for PC 647.6?

Yes, both misdemeanor and felony PC 647.6 convictions require lifetime sex offender registration under Penal Code 290. This makes it one of the most serious charges in California.

Can PC 647.6 charges be reduced to avoid registration?

Yes, experienced attorneys often negotiate charge reductions to offenses like disturbing the peace (PC 415) or simple battery (PC 242) that don’t require registration.

What if I’m innocent and falsely accused?

False accusations of child molestation occur frequently in custody disputes and family conflicts. Experienced defense attorneys know how to identify and prove false allegations through investigation and expert testimony.

Can PC 647.6 be charged as a felony?

Yes, PC 647.6 is a “wobbler” offense that can be charged as either misdemeanor or felony. Prior convictions, physical contact, or aggravating factors often result in felony charges.

What if the child recants their statement?

While helpful, recantation doesn’t automatically result in dismissal. Prosecutors may claim the child was pressured to recant. However, recantations can significantly weaken the prosecution’s case.

How long do PC 647.6 investigations take?

Investigations can last weeks to months depending on complexity. Cases involving multiple victims, digital evidence, or forensic interviews typically take longer.

Can I still see my own children if accused?

Accusations may result in emergency protective orders preventing contact with your children. An attorney can help modify these orders and protect your parental rights.

What about online communications with minors?

Digital communications are heavily scrutinized in PC 647.6 cases. Inappropriate messages, photos, or attempts to meet minors can result in additional charges under PC 288.2, PC 288.3, or PC 288.4.

Is probation available for PC 647.6 convictions?

Yes, probation is often available for both misdemeanor and felony PC 647.6 convictions, especially for first-time offenders. However, probation conditions are typically very restrictive.

Can teachers and coaches be charged with PC 647.6?

Yes, educators and youth workers are frequently charged with PC 647.6 for inappropriate conduct with students or athletes. These cases often involve enhanced penalties due to the position of trust.